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SANJAY KUMAR DWIVEDI
Krishna Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
By order dated 22.06.2017 notice has been issued upon the O.P. No. 2. Notice has been validly served upon the O.P. No. 2. Name of the counsel for the O.P. No. 2 is appearing.
2. On repeated calls, nobody appeared on behalf of O.P. No. 2. The matter is of the year, 2017. Accordingly, this matter is being heard on merit.
3. Heard Mr. Anil Kumar Sinha, learned senior counsel for the petitioners assisted by Mr. Lal Vikram Nath Shahdeo, learned counsel and Mr. Ravi Prakash, learned counsel for the State.
4. This petition has been filed for quashing of entire criminal proceeding including order taking cognizance date 09.12.2016 passed by the learned C.J.M., Chaibasa in connection with G.R. Case No. 538 of 2015, pending in the Court of learned C.J.M., Chaibasa.
5. The O.P. No. 2 has filed complaint case stating therein that he is Principal of Padmawati Jain Shishu Vidya Mandir, Chaibasa. Accused No. 20, Vidya Vikas Samity, Ranchi is a society for the purpose of training of the recruited teacher on payment basis and other accused nos. 1 to 19 are directly and indirectly associated with accused no. 20. It is further alleged that on 08.08.2015 at about 3 P.M. the accused persons named
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'.
The court established that repetitive complaints lacking substantial evidence against the accused can constitute malicious prosecution, warranting quashing of proceedings to prevent abuse of legal pr....
The court has the power to quash criminal proceedings if they are manifestly attended with malafide and maliciously instituted with an ulterior motive, as established in 'Ashoo Surendranath Tewari v.....
The court emphasized that the complaint did not need meticulous analysis before the trial to determine whether it would end in conviction or acquittal, and that the mala fides of the informant were o....
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 central legal point established in the judgment is the abuse of process of law and the lack of judicial application in taking cognizance.
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