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SUSMITA PHUKAN KHAUND
Saju Thachethukudy Kuriakose S/O T. P. Kurian @ T. P. Kuriakose – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
1. Heard Mr. G. Uddin, learned counsel for the petitioners. Also heard Mr. K.K. Das, learned Addl. P.P. for respondent no. 1.
2. The petitioners, namely, Saju Thachethukudy Kuriakose and Jimmy Gabrial Ainekal have filed this application under Section 482 of the Code of Criminal Procedure (Cr.P.C. for short) for quashing the proceeding arising out of FIR vide Palashbari P.S. Case No. 191/2021, (GR Case No. 643(K)/2021), registered under Sections 420/468/406/294(a)/506/34 of Indian Penal Code (IPC for short).
3. The petitioner no. 2 is the Principal of St. Joseph School, situated at Borkuchi, Mirza and the petitioner no. 1, is an employee of school. On 26.03.2021, the respondent no. 2 (hereinafter the informant) namely, Selvan C Johan lodged an FIR contending inter-alia that on 23.03.2021, the petitioners, using abusive language threatened the respondent no. 2 and demanded that the respondent no. 2 leaves the school, where, he was working. The respondent no. 2 claims to be the absolute the owner of St. Joseph School, at Borkuchi Chowk and the petitioner no. 1 was the financial in-charge while the petitioner no. 2 was the Principal of St. Joseph School, at the time of the inci
While considering a petition under Section 482 Cr.P.C., it has only to be ascertained whether a prima facie case exists against petitioners.
The court held that specific allegations in the FIR warranted a trial, as they disclosed a cognizable offence, and the delay in filing the FIR did not negate the prosecution's case.
Criminal proceedings under Section 482 CrPC initiated from disputes purely civil or administrative in nature, specifically those concerning Trust management and internal financial affairs, are liable....
The court can exercise its inherent power under section 482 Cr.P.C. to quash criminal proceedings if they are maliciously instituted with an ulterior motive, as per 'State of Haryana V. Bhajan Lal'.
Criminal process cannot be utilized for any oblique purpose – Court should quash those criminal cases where chances of an ultimate conviction are bleak and no useful purpose is likely to be served by....
The court ruled that the petitioner failed to establish a prima facie case for quashing the FIR, emphasizing the need for ongoing investigation into serious allegations of misappropriation.
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