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SANJAY KUMAR DWIVEDI
Shalini Sanjay Mishra, W/o. Sanjay Ghanshyam Mishra – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. A.K. Kashyap, learned senior counsel for the petitioners, Mrs. Shweta Singh, learned A.P.P. for the State and Mr. Ram Krishna Singh, learned counsel appearing for the O.P. No. 2.
2. This criminal miscellaneous petition has been filed for quashing of the entire criminal prosecution including the FIR, being Adityapur P.S. Case No. 207 of 2018 and subsequently by order dated 16.08.2021, passed in I.A. No. 3239 of 2021, cognizance order dated 20.05.2020 has been allowed to be challenged by way of allowing the amendment petition. Accordingly the order taking cognizance dated 20.05.2020 is also under challenge, in connection with Adityapur P.S. Case No. 207 of 2018 corresponding to G.R. No. 322 of 2020, pending in the court of learned Chief Judicial Magistrate, Seraikella-Kharsawan.
3. The O.P. No. 2 has filed the complaint before the police, alleging therein that she is working in a consultancy company. In the order of hierarchy of children of Sri Brahmdeo Sharma, she is the third daughter and the petitioner No. 1 is eldest daughter and having one brother namely Diwakar Sharma.
It is alleged that the petitioners stay in America and in the year 2014 as per the proposal g
The judgment establishes the principle that in cases involving allegations of cheating and fraudulent intention, there must be prima facie evidence to establish criminality, and the court must distin....
The court ruled that criminal proceedings based on civil disputes without clear fraudulent intent are an abuse of process, necessitating dismissal of such charges.
FIR is an abuse of process of law and/or the same has been lodged only to harass the accused, the same can be quashed in exercise of powers vested under Article 226 of the Constitution or in exercise....
Criminal proceedings cannot proceed where allegations only constitute a civil dispute without intent to cheat.
Criminal proceedings should not be used as an instrument of harassment or for seeking private vendetta.
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