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SANJAY KUMAR DWIVEDI
Kissan Singh @ Kishan Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Anil Kumar Sinha, the learned counsel assisted by Mrs. Nanda Kumari, the learned vice counsel appearing on behalf of the petitioner, Mr. Pankaj Kumar Mishra, the learned counsel for the respondent State and Mr. Anurag Kashyap, the learned counsel appearing on behalf of the O.P.No.2.
2. This petition has been filed for quashing of the entire criminal proceeding as well as the order of cognizance dated 28.09.2015 passed by learned Judicial Magistrate, 1st Class, Jamshedpur, in C/1-4070 of 2014, pending in the court of learned S.D.J.M., Jamshedpur.
3. The case has been filed alleging therein that the opposite party no. 2 filed a complaint petition on 07.02.2014 in the court of Chief Judicial Magistrate Jamshedpur, vide complaint case no. 427 of 2014 and the same has been sent to the Officer Incharge of Golmuri Police Station to register the First Information Report under section 156 (3) of the Code of Criminal Procedure upon which the F.I.R. has been instituted as Golmuri P.S. case no. 51 of 2014 on section 406 & 420 of the Indian Penal Code 02.03.2014 against the petitioner. It is alleged in the complaint petition that the running a firm under the name and style of
At the stage of challenging the FIR, the truth or falsity of the allegations would be decided at trial, and no interference was warranted.
The main legal point established in the judgment is that a criminal proceeding can be quashed if it is manifestly attended with mala fide and maliciously instituted with an ulterior motive.
Criminal proceedings should not be used as an instrument of harassment or for seeking private vendetta.
Direction for Police investigation – Every breach of contract cannot be subject matter of criminal case unless there is deception played at very inception.
The main legal point established in the judgment is that the application of mind must be reflected in the order of taking cognizance, and there must be sufficient materials to proceed against the per....
The judgment established that not every breach of contract amounts to a criminal offence and emphasized the importance of the presence of deception and dishonesty at the inception of a transaction to....
The main legal point established in the judgment is that if criminality is made out, civil and criminal cases can proceed simultaneously.
While exercising powers under Section 482 Cr.P.C., Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against accused f....
A mere breach of contract does not constitute a criminal offense unless there is dishonest intention from the outset; judicial mind must be applied before directing police investigation under Section....
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