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SANJAY KUMAR DWIVEDI
Manav Bahri – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
In both the petitions common question of law and similar complaint as well as cognizance order are under challenge that is why both the petitions are being heard together with the consent of the parties.
2. Both the petitions have been filed for quashing the entire criminal proceeding including order taking cognizance dated 29.05.2010 passed in connection with C.P. Case No. 460 of 2009, pending in the Court of learned Chief Judicial Magistrate, Bokaro.
3. Heard Mr. Indrajit Sinha, learned counsel for the petitioners and Mr. Binit Chandra and Mr. Jitendra Pandey, learned counsels for the State and Mr. B.B. Sinha, learned counsel for the respondent no.2.
4. Complaint case has been filed alleging therein that the complainant is the proprietor of a firm named M/s Singh Builders Construction & Suppliers and his residence is at Sector 8/D, Quarter No. 3040, Bokaro Steel City, Police Station-Harla, District Bokaro. The complainant in course of usual business transaction met with accused no.1.
It was further alleged that the accused no.1 gave proposal to do business with his own company. The complainant-accepted proposal of the accused no.1 and along with him other officials were als
The main legal point established in the judgment is that a criminal proceeding can be quashed if it is manifestly attended with mala fide and maliciously instituted with an ulterior motive.
The central legal point established in the judgment is the requirement for prima facie evidence of criminal intent before taking cognizance of a case and the relevance of contractual obligations in d....
The main legal point established in the judgment is that if criminality is made out, civil and criminal cases can proceed simultaneously.
The main legal point established in the judgment is that at the stage of consideration of charge, an accused cannot rely on materials by way of defense, and the power under Section 482 of the Code of....
At the stage of challenging the FIR, the truth or falsity of the allegations would be decided at trial, and no interference was warranted.
Criminal proceedings should not be used as an instrument of harassment or for seeking private vendetta.
While exercising powers under Section 482 Cr.P.C., Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against accused f....
The court established that a civil dispute can coexist with criminal allegations, and the mere existence of a civil remedy does not negate the possibility of criminal liability if the complaint discl....
Abuse of process of law and the purely civil nature of a case can lead to the quashing of criminal proceedings.
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