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MITALI THAKURIA
Narayan Paul, S/o. Late Abani Paul – Appellant
Versus
Ashok Kumar Singh, Son Of Ram Bachchan Singh – Respondent
JUDGMENT :
(Mitali Thakuria, J.) :
Heard Mr. S. Das, learned counsel for the petitioner. And also heard Mr. R. Chakravorty, learned counsel for the respondent.
2. This is an application under Section 482 of Cr.P.C seeking for quashing of the criminal proceedings in C.R. Case No. 573/2023, pending in the Court of Sub Divisional Judicial Magistrate(S), Nagaon.
3. In brief, the case of the petitioner is that on a complaint lodged by the respondent alleging inter-alia that the accused/petitioner along with one Mukul Das, proposed to sell 18 lessas of their land covered by Dag No. 167 of Periodic Patta No. 138 of Dimoroguri Kissam District Nagaon and according, the respondent along with 3(three) brothers agreed to purchase the land. Accordingly, for consideration amount was fixed at Rs.32,00,000/-(Rupees Thirty-two lakhs), and an agreement for sale of land in question was executed vide Registered Sale Deed No. 2080 dated 29.06.2022. On that very day, the respondent paid Rs. 20,00,000/-(Rupees Twenty lakhs) which was received by the accused/petitioners and agreed that sale permission would be procured within 3 (three) months and thereafter, the accused/petitioners would receive the remain
The court established that a Magistrate's cognizance of a complaint is valid if there is a prima facie case, and that the inherent powers under Section 482 of the Cr.P.C should not be used to stifle ....
Inherent powers under Section 482 CrPC do not permit quashing proceedings when prima facie evidence of a crime is present, mandating a trial to ascertain truth.
Point of Law : Power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of Code can be exercised having overwhelmingly and p....
Bail Application - Inherent jurisdiction of Court - Scope and ambit of powers of High Court under Section 482 of Cr.P.C. has been enunciated and reiterated by this Court in a series of decisions - Th....
The court can exercise its inherent jurisdiction under Sec. 482 Cr.P.C to quash criminal proceedings if they amount to an abuse of the process of the court or if quashing the proceedings would serve ....
The court emphasized that civil disputes should not be converted into criminal cases, and the continuation of such proceedings constitutes an abuse of the legal process.
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