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SANJAY KUMAR DWIVEDI
Mahendra Kumar Ruia – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Inspite of valid service of notice, O.P. No. 2 has not appeared. On 21.06.2022 and 21.03.2023 the matter was adjourned with a view to provide one more opportunity to the O.P. No.2.
2. Today on repeated calls, nobody appeared on behalf of the O.P. No.2 that is why the matter is being heard on merit.
3. Heard Mr. Prashant Pallav, learned counsel for the petitioner and Mrs. Shweta Singh, learned counsel for the State.
4. This criminal miscellaneous petition has been filed for quashing of entire criminal proceeding including order taking cognizance dated 17.09.2008 passed in connection with P.C.R. Case No. 416 of 2006, pending in the Court of learned Chief Judicial Magistrate, Deoghar.
5. The complaint petition has been filed alleging therein that the complainant to have entered into a sale with the accused persons namely, Shiv Kumar Ruiya and the present petitioner the Mahendra Kumar Ruiya for a property known as Ruiya Dharmshala Building. It was alleged that the accused persons were appointed as a receiver by the Hon’ble High Court of Kolkata and in the capacity of being receiver the accused persons made proclamation and advertisement to sell the vacant land of Ruiya Dharmshala
The lack of new materials to justify taking cognizance after previously dismissing a complaint petition rendered the entire criminal proceeding invalid as far as the petitioner was concerned.
The central legal point established in the judgment is the requirement for the Magistrate to indicate the application of mind and disclose prima facie materials before taking cognizance in a complain....
The main legal point established in the judgment is that when disputes between the parties constitute only civil wrong and not a criminal wrong, the Courts would not permit a person to be harassed. T....
Offence of cheating as provided under Section 415 IPC.
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