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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Kitti Nawani @ Kishore Nawani S/o Late Mohan Lal Nawani – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
The present quashing application/petition preferred u/s 482 of the Code of Criminal Procedure (in short ‘CrPC’) on behalf of the petitioner for quashing of the entire proceedings arising out of Complaint Case No. 2042 of 2014, wherein cognizance has been taken against the petitioner/accused for the offences punishable under Sections 406, 504, 420 and 120-B of the Indian Penal Code (in short ‘IPC’) by the court of learned A.C.J.M., Gaya.
2. Allegation as averred in complaint case, suggest that “Buddhist Thai Bharat Society” (in short ‘Society”) is a charitable welfare society duly registered under the Societies Registration Act, where petitioner was inducted initially as member of society, who in due course of time, elected its General Secretary. It is alleged that petitioner in capacity of General Secretary of the Society committed numerous illegal acts with malafide intention, which caused wrongful loss to the Society and wrongful gain to himself. It is alleged that petitioner received donations and contributions made for the society in personal capacity and later on transferred the said money to the account of society by showing it as a loan given
Court affirmed that defenses in criminal proceedings are evaluated at trial and not during quashing applications, emphasizing the necessity to substantiate allegations properly.
Courts exercising jurisdiction under Section 482 of Cr.P.C. should adopt a judicial hands off if case revolves around disputed questions of fact as Court would not become a fact finding authority at ....
Participation in a conspiracy includes subsequent involvement in acts that further the conspiracy's objectives; the court relies on prima facie evidence when framing charges.
Point of law: Quash of Criminal proceedings - There cannot be a criminal prosecution against the petitioners herein, which leads to an abuse of process and miscarriage of justice. If the Court fails ....
The pendency of a civil suit does not bar the initiation of criminal proceedings when forgery has been alleged.
The main legal point established in the judgment is that at the stage of consideration of charge, an accused cannot rely on materials by way of defense, and the power under Section 482 of the Code of....
A legitimate prosecution cannot be stifled under Section 482 Cr.P.C., and the complainant had locus standi to set the law in motion.
A public servant cannot be prosecuted for IPC offences without prior sanction under Section 197 Cr.P.C., especially when no evidence substantiates allegations of conspiracy or dereliction of duty.
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