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HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Babu Ram – Appellant
Versus
Kewal Krishan – Respondent
| Table of Content |
|---|
| 1. magistrate issued process despite adverse section 202 inquiries (Para 1 , 2 , 3 , 4 , 5) |
| 2. complaint is counterblast to civil land dispute fir (Para 6) |
| 3. no process on same material post-section 202 inquiry without new evidence (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. civil dispute and enmity prove false motivated complaint (Para 13 , 14 , 15) |
| 5. quash proceedings as abuse of legal process (Para 16 , 17) |
JUDGMENT :
SANJAY DHAR, J.
1. The petitioners, through the medium of present petition, have challenged complaint filed by the respondent-complainant against them alleging commission of offences under Sections 451,323,504, 506 & 34 RPC, which is stated to be pending before the Court of learned Judicial Magistrate Ist Class, Sunderbani (hereinafter referred to as the “trial Magistrate”). Challenge has also been thrown to order dated 18.11.2013 passed by the learned trial Magistrate whereby, after recording satisfaction that offences under Sections 451, 323, 504, 506 & 34 RPC are made out against the petitioners, process has been issued against them.
2. As per the allegations made in the impugned complaint, on 03.03.2013 at about 7:30 a.m., the petitioners/accused forcibly encr
Magistrate cannot issue process under Cr.P.C. after Section 202 inquiry reports deeming complaint false due to enmity, relying only on prior insufficient preliminary evidence; quashing justified as a....
(1) If once court of competent jurisdiction did not take cognizance of offences when a complaint was made and said order became final, another complaint on same allegations though filed by complainan....
The main legal point established in the judgment is the mandatory requirement for the Magistrate to carefully scrutinize the complaint, examine the complainant and his witnesses, and conduct an inqui....
A Magistrate must conduct an enquiry under Section 202 before issuing process in defamation cases to ascertain the truth of allegations.
Point of law : Whenever a Magistrate decides to refer a complaint to investigation by police under Section 156(3) Cr.P.C., he does not take cognizance, he awaits the filing of charge sheet and takes ....
The main legal point established in the judgment is the need for the Magistrate to apply judicial mind before directing investigation under section 156(3) Cr.P.C. and the wide powers of the Magistrat....
The acceptance of a final report does not prevent a Magistrate from taking cognizance of a complaint based on a protest petition if supported by sufficient evidence.
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