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SANJAY KUMAR DWIVEDI
Branch Manager, ICICI Home Finance Co. Limited – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Notice upon the O.P. No. 2 has been effected. On 11.08.2022 the matter was adjourned by way of last opportunity to the O.P. No. 2. However, today on repeated calls, nobody appeared on behalf of the O.P. No. 2 and in that view of the matter this case is heard on merit.
2. Heard Mr. Anish Kumar Mishra, learned counsel for the petitioner and Mr. Pankaj Kr. Mishra, learned counsel for the State.
3. This criminal miscellaneous petition has been filed for quashing of entire criminal proceeding including order taking cognizance dated 18.02.2010 passed by the learned Judicial Magistrate, Ist Class, Dhanbad in connection with C.P. Case No. 1143 of 2007 against the petitioner under section 420 of the Indian Penal Code pending in that Court.
4. The complaint was filed alleging therein that the complainant is a nominated and constituted power of attorney holder Pravina Khan and Safina Khan, both daughter of late Imamul Hai Khan, resident of Loharkulhi, P.O. and P.S. Saraidhela, District-Dhanabd to look after and manage their properties. It was alleged that the aforesaid ladies, late Imamul Hai Khan gifted 35 decimals of land along with house situated over plot no. 2089 under khata no. 1
The court emphasized the importance of specifying the individual responsible when taking cognizance in criminal proceedings.
Criminal proceedings should not be used to settle civil disputes, and allowing such proceedings to continue when they amount to an abuse of process of law.
The main legal point established in the judgment is that the case of cheating and forgery must be supported by evidence, and if there is any dispute with regard to the land in question, it should be ....
The main legal point established in the judgment is that the absence of evidence to show the commission of an offence, coupled with the similarity of allegations against co-accused whose charges had ....
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.
Bona fide purchasers cannot be implicated in forgery or fraud where they have no part in wrongdoing, and prior allegations point to their victimization.
A cognizance order can be quashed if the allegations do not establish a prima facie case against the accused, particularly when the accused's involvement is based solely on vicarious liability withou....
Purpose of 482 Cr.P.C. is inherent power i.e. to secure ends of justice, preventing abuse of process.
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