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ANIL KUMAR CHOUDHARY
Pawan Singhania @ Pawan Kumar Singhania, son of Late Motilal Singhania – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer for quashing the order dated 21.08.2019 passed in Criminal Revision No. 105 of 2019 by the Additional Sessions Judge-II, Deoghar, whereby and where under, the learned Additional Sessions Judge-II, Deoghar has dismissed the criminal revision filed by the petitioners against the order dated 04.08.2018, passed in Complaint Case No. 239 of 2018 whereby and where under, the learned Judicial Magistrate -1st Class, Deoghar has found prima facie case against the petitioners for having committed offences punishable under Sections 323, 380, 427, 452, 506 & 34 of the Indian Penal Code and also to quash the said order dated 04.08.2018, passed in Complaint Case No. 239 of 2018.
3. The brief facts of the case is that the allegation against the petitioners is that the petitioners in furtherance of common intention with the co-accused persons on 15.02.2018, trespassed to the shop of the complainant-opposite party no.2, caused simple hurt to him, committed theft of gold chain, criminally intimidated him and committed mischief by throw
The presence of direct and specific allegations is crucial in determining the legality of orders and the applicability of previous judgments in similar cases.
The court affirmed that sufficient prima facie evidence can justify the framing of charges under IPC provisions related to fraud and misrepresentation.
The court's decision was based on the proper appreciation of the evidence/material available in the record, the legality of the order taking cognizance, and the power of the revisional court under Se....
The High Court's inherent powers under Section 482 Cr.P.C can be invoked to prevent abuse of process and ensure justice, emphasizing the need for substantial justification in criminal proceedings.
The discretionary nature of the power under Section 319 of the Code of Criminal Procedure, 1973, and the requirement for strong and cogent evidence before exercising it.
Criminal proceedings cannot be initiated for civil disputes, as it constitutes an abuse of process; such matters must be resolved in civil courts.
The main legal point established in the judgment is the exclusive jurisdiction of the Court in altering or adding charges and committing the case to the Court of Session, as well as the limitations o....
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