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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Usha Kumari, D/o. Baleshwar Paswan and W/o. Shrawan Paswan – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. initial case setup and context (Para 1 , 2) |
| 2. claims of innocence and false allegations (Para 3 , 4) |
| 3. determination of the need for judicial intervention (Para 6 , 7 , 8) |
| 4. criteria for establishing criminal offences (Para 9 , 10) |
| 5. legal standards for quashing proceedings (Para 11 , 12) |
| 6. final ruling and quashing of proceedings (Para 13 , 14 , 15) |
JUDGMENT :
Purnendu Singh, J.
Heard Mr. Ram Prakash Kumar, learned counsel appearing on behalf of the petitioner and Mr. Ajay Mishra, learned APP for the State.
2. The present application has been filed under Section 482 of the Cr.P.C. for quashing of the order dated 25.05.2023 passed by the learned Judicial Magistrate First Class, Nawada in Roh P.S. Case No. 03 of 2018, whereby and whereunder the learned Magistrate has taken cognizance against the petitioner under Sections 406, 409, 420, 120(B), 467, 468, 471 and 34 of the Indian Penal Code.
3. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and the allegation alleged in the F.I.R. is against another Usha Kumari who was also a teacher, but in a different school, namely, Primary School, Sadikpur, Roh, Nawada, whereas the pet
The court has the power to quash criminal proceedings under Section 482 Cr.P.C. to prevent abuse of process and when no criminal offense is disclosed against the accused.
Point of law : Powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see ....
The court established that inherent powers under Section 482 Cr.P.C. should be exercised cautiously and only when no prima facie case exists against the accused.
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
The power to quash criminal proceedings should be exercised sparingly and only in deserving cases. The veracity of the allegations in the FIR should be tested by the investigating agency, and the cou....
High Court should refrain from giving a prima facie decision unless there are compelling circumstances to do so.
The existence of a civil dispute does not automatically warrant quashing of criminal proceedings if cognizable offences are alleged.
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