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SANJAY KUMAR DWIVEDI
Debashish Chatterjee @ Devashish Chatterjee – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
At the outset learned counsel Mr. Lukesh Kumar submits that No Objection Certificate has been taken from him by opposite party no.2 and now he is not in a position to argue the matter.
2. Once No Objection Certificate was taken by opposite party no.2, it was incumbent upon her to make alternative arrangement, however till date, she has not made any alternative arrangement, which suggests that opposite party no.2 has lost interest in this matter. Accordingly, this matter is being heard in absence of opposite party no.2.
3. Heard Mr. Ajay Kumar Sah, learned counsel for the petitioner and Mr. Vishwanath Roy, learned counsel for the State.
4. This petition has been filed for quashing of the cognizance order dated 10.09.2014 as well as for quashing of entire criminal proceeding in connection with Complaint Case No.1338 of 2014, pending in the court of the learned Chief Judicial Magistrate, Dhanbad.
5. The complaint case was filed alleging therein:
The main legal point established in the judgment is the application of CrPC 482 and the significance of previous judgments and departmental proceedings in determining the quashing of a criminal proce....
The court has the power to quash criminal proceedings if they are manifestly attended with malafide and maliciously instituted with an ulterior motive, as established in 'Ashoo Surendranath Tewari v.....
The burden of proof in a criminal proceeding is different from that in a departmental proceeding. The court must treat complainants of sexual harassment and assault sensitively and ensure a fair tria....
The Court reiterated that the order of cognizance which forms the basis of initiation of proceedings cannot be made in a mechanical way but requires great exercise of judicial mind, and that the Magi....
The main legal point established in the judgment is the requirement for the application of judicial mind in the order taking cognizance, as highlighted in State of Karnataka v. Pastor P. Raju and Bir....
The court established that repetitive complaints lacking substantial evidence against the accused can constitute malicious prosecution, warranting quashing of proceedings to prevent abuse of legal pr....
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