IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Kaushik Goswami
Rojibon Nessa D/o Rohim Ali – Appellant
Versus
Rejabuddin Ahmed S/o Late Kandura Sheikh – Respondent
JUDGMENT :
Kaushik Goswami, J.
Heard Mr. N. Chaudhury, learned counsel appearing for the petitioners. Also heard Mr. A. Ahmed, learned counsel appearing for the respondent.
2. This criminal petition is filed under Section 482 of Cr.P.C, 1973 seeking quashing of complaint filed by the respondent on 22.08.2019 being CR Case No.251/2019 under Sections 406/506/34 of IPC and the order of cognizance taken by the Additional Chief Judicial Magistrate, Goalpara by order dated 17.02.2020 under Sections 406/506/34 of IPC against the accused/petitioners.
3. The brief facts of the case is that the complainant filed a complaint on 22.08.2019 against the petitioner No.1 i.e. wife, petitioner No.2 i.e. mother-in-law and petitioner No.3 i.e. father-in-law before the Magistrate Court alleging, inter-alia, that the petitioner No.1 at the instance of the petitioner Nos. 2 and 3 demanded certain articles from the respondent and the respondent for the sake of upholding peace had brought the same through his hard earned money.
4. It is the further alleged in the complaint that the petitioner No.1 after a few days started to threaten the respondent to end their marriage and all of a sudden on 19.07.2019 ousted
The court held that allegations in a complaint must substantiate a prima facie case; mere accusations without evidence do not constitute an offence, especially when intended to harass.
Mens rea is a crucial element for establishing offences under IPC Sections 403 and 406, and the Magistrate must demonstrate application of mind in summoning accused persons.
While considering discharge application, Court is to exercise its judicial mind to determine whether a case for trial has been made out or not – In such proceedings, Court is not to hold mini trial b....
The court emphasized the need for specific and particularized allegations to establish a prima facie case for the offenses, and the lack of entrustment of property and specific allegations regarding ....
The main legal point established in the judgment is the abuse of criminal proceedings in a civil dispute and the requirement to consider whether a prima facie case is made out and whether the proceed....
Criminal liability under IPC sections requires clear evidence of entrustment and dishonest intention, which were absent in this case.
The court emphasized the necessity of following mandatory procedures under criminal law before issuing process against an accused, reinforcing the legal standards for establishing a criminal breach o....
The main legal point established in the judgment is that allegations in a family property dispute lacked prima facie evidence of the accused committing the alleged offences, and the Magistrate's non-....
Vague or farfetched allegations should be scrutinized, and if found frivolous, they should be quashed. Sections 504 and 506 of the IPC should not be loosely invoked without proper justification.
For an offence under Section 406 IPC, there must be entrustment of property and a fiduciary relationship; allegations of criminal breach of trust without these elements do not constitute a valid char....
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