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SANJAY KUMAR DWIVEDI
Dhananjay Kumar Sinha – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. In all these petitions common question of law and facts and order taking cognizance are under challenge that is why all these petitions have been earlier tagged together and have been heard together with the consent of the parties.
2. Mr. Sanjay Kumar, learned counsel submits that the O.P. No. 2 has taken ‘No Objection Certificate’ from him about three years back hence he is not in a position to argue the matter.
3. As the ‘No Objection Certificate’ was taken by the O.P. No. 2 three years back it was incumbent upon him to make alternative arrangement to argue the matter on his behalf inspite of that he has not made any arrangement to argue the matter and considering that the matters are of the year, 2013 these matters are being heard on merit.
4. Heard Mr. Ajit Kumar, learned senior counsel and Mr. Rahul Kumar, learned counsel for the petitioners, Mrs. Priya Shrestha and Mr. Prabhu Dayal Agrawal, learned counsel for the State.
5. Both these petitions have been filed for quashing of the entire criminal proceeding in connection with C.P. Case No. 1761 of 2012 including order dated 15.03.2013 passed by the learned Judicial Magistrate, Ranchi whereby cognizance has been taken
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 central legal point established in the judgment is the abuse of process of law and the lack of judicial application in taking cognizance.
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 quashed the FIR under the SC/ST Act, finding no prima facie evidence of a cognizable offence, emphasizing the abuse of legal process.
The High Court may quash criminal proceedings in cases of mutual settlement even for non-compoundable offences if continuation is deemed futile and justice is served.
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