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SANJAY KUMAR DWIVEDI
Nishikant Dubey S/o Shri Radhey Shyam Dubey – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. R.S. Mazumdar, learned Senior Counsel assisted by Mr. Prashant Pallav, learned counsel for the petitioner, Mr. Ashutosh Anand, learned AAG-III for the respondent-State, Dr. Ashok Kumar Singh assisted by Mr. Akashdeep, learned counsel for respondent no. 2 and Mr. Jitendra Shankar Singh, learned counsel for respondent no. 5.
2. This petition has been taken through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
3. Initially in this case FIR bearing number Deoghar Town P.S. Case No. 427 of 2020, registered under Section 468, 471 and 420 of the Indian Penal Code was under challenge and the petitioner was protected by way of interim order dated 20.01.2021. The charge-sheet dated 24.07.2021 has been submitted and cognizance has been taken against the petitioner vide order dated 26.07.2021, which were challenged by way of filing I.A. No. 4223 of 2021. The said I.A. was allowed on contest vide order dated 09.09.2021 and the petitioner was
The investigation of a non-cognizable offence without the order of a Magistrate is illegal, and politically motivated prosecutions should be quashed.
The court established that for offences under Section 188 IPC, a written complaint from the concerned public servant is mandatory, and without it, the FIRs cannot be maintained. Furthermore, the cour....
Cognizance of offences under Section 188 IPC requires a written complaint from the concerned public servant, and not a police report; failure to adhere to this renders proceedings void.
The main legal point established in the judgment is that for offences punishable under Section 188 of the IPC, the Court can only take cognizance on a written complaint of the Public Servant concerne....
A petition for quashing criminal proceedings can be dismissed even if one accused has died, as long as there is no legal bar to continuing against the living accused and factual disputes should not b....
The main legal point established in the judgment is the abuse of process of law and the exercise of inherent powers of the High Court under Section 482 Cr.P.C. to quash the impugned FIR and all crimi....
The main legal point established in the judgment is that if the allegations in the FIR do not constitute a cognizable offence and only constitute non-cognizable offences, the FIR can be quashed.
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