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SANJAY DHAR
Ravi Bhakhri – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
Sanjay Dhar, J.
The petitioner has challenged chare-sheet for offences under Sections 427, 448, 504 and 506 RPC filed by the Police Station, Gandhi Nagar, Jammu against him, which is stated to be pending before the Court of learned Judicial Magistrate Ist Class (3rd Additional Munsiff) Jammu. The charge-sheet has emanated from FIR No. 03/2017 of Police Station, Gandhi Nagar, Jammu.
2. Before coming to the contentions raised in the petition, it would be apt to narrate the facts, leading to filing of the impugned charge-sheet. On 15.12.2016, respondent No. 2/complainant presented an application under Section 156(3) before the Chief Judicial Magistrate, Jammu, alleging therein that he is a tenant of the property situated at 145 A/D, Green Belt Park, Gandhi Nagar, Jammu belonging to the petitioner. It was averred in the application that respondent No. 2 was running a restaurant in the demised premises under the name and style of Chanakaya’s Ethnic Vegetarian Food restaurant, but the petitioner and his son started abusing and threatening to forcibly evict him from the demised premises. It was also averred that in the morning of 14.12.2016, when respondent No. 2/complainant wen
The court's decision to exercise the inherent powers under Section 482 of the Cr.P.C. is predicated on the facts of each case, and the court cannot weigh the material to determine the truth in the co....
The power to quash a criminal proceeding should be exercised sparingly and with circumspection, and the decision to exercise the inherent powers under Section 482 of the Cr.P.C. would be predicated o....
The power to quash criminal proceedings under Section 482 of Cr. P.C. should be sparingly exercised and only in deserving cases. Mala fide allegations by the complainant cannot be a ground for quashi....
Attempt to Murder - Court while hearing the matter under Section 482 of Cr.P.C. at initial stage of trial, cannot examine and genuineness of the statement, allegation made in FIR.
The power of quashing criminal proceedings under Section 482 of the Code should be exercised sparingly and only in exceptional cases where no cognizable offense is disclosed in the FIR.
The High Court has the authority to quash criminal proceedings when allegations are improbable and do not constitute an offense, especially when they arise from civil disputes.
Inherent powers under Section 482 Cr.P.C. should be applied cautiously, primarily to prevent abuse of process, and FIRs should not be quashed prematurely when allegations disclose a cognizable offenc....
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