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SANJAY KUMAR DWIVEDI
Md. Abid Hussain – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Notice upon opposite party no.2 has been effected. On 02.09.2022, nobody had appeared on behalf of opposite party no.2 and that is how the case was adjourned with a view to provide one more opportunity by way of last indulgence to opposite party no.2 and it was observed that if opposite party no.2 will not appear on the next date, appropriate order shall be passed on the basis of materials available on record. Today when the matter is called out, nobody has responded on behalf of opposite party no.2 and that is why this matter is being heard in absence of opposite party no.2.
2. Heard Mr. Dhananjay Kumar Dubey, learned counsel for the petitioner and Mr. Shailesh Kumar Sinha, learned counsel for the State.
3. This petition has been filed for quashing the order taking cognizance dated 16.09.2013 including the entire criminal proceedings in connection with PCR Case No.451 of 2011, pending in the court of the learned Sub Divisional Judicial Magistrate, Dumka.
4. The complaint case was filed alleging therein that the husband of the complainant was posted as Cooperative Extension Officer in Shikaripara Block and four LAMPS were allotted to him. It was further alleged that the Bloc
Proper evaluation of witness statements and evidence is crucial before taking cognizance in criminal proceedings.
The main legal point established in the judgment is the application of CrPC 482 and the significance of previous judgments and departmental proceedings in determining the quashing of a criminal proce....
The court emphasized the importance of specifying the individual responsible when taking cognizance in criminal proceedings.
Sufficiency of reason for delay in disposal of the case and validity of the cognizance order.
The court quashed the FIR under Section 420 IPC, finding no cognizable offence and highlighting the violation of natural justice principles in the registration process.
The central legal point established in the judgment is the abuse of process of law and the lack of judicial application in taking cognizance.
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