Back
SANJAY KUMAR DWIVEDI
Deepak Kumar Lal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. A.K. Kashyap, learned Senior counsel appearing on behalf of the petitioners and Mr. Surendra Prasad Sinha, the learned counsel appearing on behalf of the respondent State.
2. This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dated 21.03.2017 in connection with Town P.S. Case No. 317 of 2016, G.R. Case No. 2184 of 2016, pending in the court of learned Chief Judicial Magistrate, Palamau at Daltonganj.
3. The complaint case was filed alleging therein that the prosecution case has been initiated on the complaint lodged by the Complainant/Informant (O.P. No. 2 herein) in the court of the learned Chief Judicial Magistrate, Palamau at Daltonganj, which was registered as Complaint Case No. 295/2016 and the same was sent for registration of F.I.R. u/s 156(3) of the Cr.P.C. and the same was registered as Town P.S. Case No. 316/2016 u/s 323, 379/34 of the Indian Penal Code.
The allegation has been alleged in the said complaint by the O.P. No. 2 that the accused/petitioners is of same caste and there has been business term between them from before. The accused Ashutosh Kumar Lal is the s
The truth or falsity of the allegations in the complaint should not be determined at the earliest stage.
High Courts may quash FIRs under Section 482 CrPC only in exceptional circumstances, with a prima facie case against accused warranting investigation.
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....
The court emphasized that the complaint did not need meticulous analysis before the trial to determine whether it would end in conviction or acquittal, and that the mala fides of the informant were o....
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
