Back
SANJAY KUMAR DWIVEDI
Khalil Ansari – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Amarendra Kumar, learned counsel for the petitioners, Mrs. Shweta Singh, learned A.P.P. for the State and Mr. Anil Kumar Sinha, learned counsel for opposite party no. 2.
2. This petition has been filed for quashing the entire criminal proceeding including the order taking cognizance dated 07.08.2012 passed in Complaint Case No. 521 of 2012, pending in the court of the learned Civil Judge (Senior Division) cum Chief Judicial Magistrate, Koderma.
3. Initially Koderma (S.C. & S.T.) P.S. Case No. 22 of 2011, corresponding to G.R. Case No. 704 of 2011 was instituted on the basis of the information received from opposite party no. 2 under Sections 341, 323, 448, 504/34 of the Indian Penal Code and under Sections 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. After institution of the aforesaid FIR, investigation was conducted by the Investigating Officer who submitted final form on 30.09.2011 showing false accusation. Against the aforesaid final form, the complainant/opposite party no. 2 filed a protest petition which was converted into Complaint Case No. 521 of 2012 and the learned Chief Judicial Magis
The court established that malicious prosecution can lead to quashing of proceedings under the SC/ST (Prevention of Atrocities) Act, and that the High Court has the authority to intervene in such cas....
Insufficient grounds for charges under the Atrocities Act were identified, as the allegations did not satisfy requisite legal conditions.
The offense under the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act is only established when a member of the vulnerable section of the society is subjected to indignities, humiliat....
The central legal point established in the judgment is the requirement of incidents taking place in public view and the caste of the accused being of the informant for taking cognizance under the Sch....
The main legal point established in the judgment is the application of the principles of abuse of process of law and mala fide intentions in filing a complaint, as outlined in State Haryana Versus Bh....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
