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PURNENDU SINGH
Nikesh Jha – Appellant
Versus
State of Bihar – Respondent
Purnendu Singh, J.—Heard Mr. Rajesh Sinha, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned A.P.P. for the State.
2. The petitioner has preferred application under Section 528 BNSS for quashing of the order dated 19.12.2024 passed by the learned Additional Sessions Judge-IV, Jhanjharpur in Phulparas P.S. Case No. 200 of 2021 by which, the application filed by the petitioner under Section 227 Cr.P.C. has been rejected.
3. As per the allegation made in the FIR, the petitioner along with five other accused persons, had allegedly assaulted the informant causing injury on the vital part of the body including head injury. Specific allegation against the petitioner apart from having assaulted the informant along with other accused persons, is also that he had snatched a sum of rupees twenty thousand from the pocket of the informant. The FIR was lodged under Sections 341, 323, 308, 379 and 504/34 of the Indian Penal Code, however, the charge-sheet was submitted on 31.08.2021 under Sections 341, 323, 308 and 504/34 of the Indian Penal Code.
4. Learned counsel appearing on behalf of the petitioner submitted that from bare perusal of the FIR, it becomes apparent
The evidence produced by the accused in his defense cannot be looked into by the court at the pre-trial stage. The court's power under Section 482 Cr.P.C. to quash criminal proceedings is to prevent ....
Point of law : Needless to point out that if the law provides a particular remedy to an accused, then it is always open for him to exhaust the same while approaching the concerned Court while filing ....
The jurisdiction for trial of an offence is determined by where the offence was committed, as per Section 177 Cr.P.C., and the court must ensure that proceedings are not an abuse of process.
Inherent power given to High Court under Section 482 CrPC is with purpose and object of advancement of justice.
The High Court's inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process, and not to stifle legitimate prosecution.
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