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SWARANA KANTA SHARMA
Sunder Kukreja – Appellant
Versus
State – Respondent
JUDGMENT
Swarana Kanta Sharma, J. The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973, (hereinafter "Cr.P.C.") seeking following reliefs:
i. Setting aside of order dated 19.12.2019 passed in C.R. No. 478/2019 titled `Sunder Kukreja vs. State & Anr., by Addl. Sessions Judge-02 (South-East), Saket Courts, New Delhi (hereinafter "learned ASJ"); and
ii. Quashing the order on charge dated 28.05.2019 passed in Cr.C. No. 92310 of 2016 titled `State vs. Sunder Kukreja' by learned Metropolitan Magistrate (Mahila Court)-02, South East District, SaketCourts, New Delhi (hereinafter "learned MM") and the charge framed under Sections 354/354D/506 of Indian Penal Code, 1860 (hereinafter "IPC").
2. The present FIR bearing no. 1310/2015 under Sections 354/354D/506 IPC was registered on 19.12.2015 at Police Station Amar Colony, New Delhi on the basis of complaint filed by complainant `R. wherein it was stated that on 19.12.2015, the petitioner, along with his wife and other family members,was present at M-Cinemas, East of Kailash, New Delhi (hereinafter "the premises"), and when the complainant was trying to enter the premises, her way was blocked by several b
The limited scope of inquiry at the stage of framing charges and the prima facie nature of the offences were central legal principles established in the judgment.
Criminal intimidation requires specific threats intended to induce alarm; general expressions of sympathy do not establish the basis for charges under relevant sections of IPC.
The main legal point established is the power of the High Court to quash criminal proceedings under Section 482 of the CrPC if they are manifestly frivolous or vexatious, and if instituted with an ul....
The main legal point established in the judgment is the importance of considering the material on record and ascertaining if the essential ingredients of an offence are prima facie made out at the st....
The judgment emphasizes the importance of prima facie material in framing charges and highlights the need for evidence to support allegations of criminal acts.
The court affirmed that a prima facie case must be established for framing charges, emphasizing that quashing of FIRs should be rare and only in exceptional circumstances.
The court emphasized that discrepancies in the complainant's case and the defense raised by the accused could be appreciated at the stage of trial, and the existence of other disputes between the par....
The necessity to establish a prima facie case at the stage of framing of charge and the power of the Sessions Court to commit a case for trial if an offence exclusively triable by the Court of Sessio....
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