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SANJAY KUMAR DWIVEDI
Kundan Kumar Sinha – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Pursuant to order dated 01.12.2022, status report and explanation has been submitted by the learned A.C.J.M, Dhanbad which is on record.
2. Looking into the said explanation, the Court finds that sufficient reason has been disclosed for delay in disposal of the case and accordingly, the explanation is accepted by this Court.
3. Status report suggests that the case is pending for appearance of the accused.
4. Heard Mrs. J. Mazumdar, learned counsel for the petitioner, Mr. Prabir Kumar Chatterjee, learned counsel for the State and Mr. Krishna Muarari learned counsel for the O.P. No. 3.
5. The present petition has been filed for quashing of the order dated 03.06.2013 passed by the learned Judicial Magistrate, Ist Class, Dhanbad whereby cognizance has been taken under sections 406/420 of the I.P.C. and also for quashing of including entire criminal proceeding in connection with Complaint Case No. 224 of 2013, pending in the Court of learned Judicial Magistrate, Ist Class, Dhanbad.
6. The complaint case has been filed alleging therein that the complainant is the employee of BCCL, working at Gopalichuk Colliery, P.B. Area, P.S. Kenduadih, District, Dhanbad. It is alleged that the co
Sufficiency of reason for delay in disposal of the case and validity of the cognizance order.
The key legal principle established is that issues raised in a case must be proved through evidence during trial, and the court cannot quash proceedings at an early stage based on these issues.
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....
Proper evaluation of witness statements and evidence is crucial before taking cognizance in criminal proceedings.
Accepting and giving bribe for the purpose of getting a loan is forbidden, illegal, and not permissible.
A civil dispute may contain elements of criminal wrongdoing, and the existence of a civil remedy does not bar the initiation of criminal proceedings if the allegations suggest potential criminal offe....
The court emphasized the importance of specifying the individual responsible when taking cognizance in criminal proceedings.
The High Court affirmed that a FIR can be quashed only if no offence is disclosed, reinforcing limitations on jurisdiction under Section 482 of the Code of Criminal Procedure.
The complaint arising out of an agreement for a civil wrong and the criminal color put into it by filing the complaint case under the SARFAESI Act can be quashed under section 482 Cr.P.C.
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