Back
ANIL KUMAR CHOUDHARY
Sahabuddin Ansari @ Sahbudin Ansari, S/o. Juman Ansari – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. allegations against petitioner of multiple offences. (Para 2 , 3) |
| 2. petitioner's defense against allegations. (Para 4 , 5) |
| 3. court's reasoning on validity of allegations. (Para 6) |
| 4. court dismisses petition, proceeding upheld. (Para 7 , 8 , 9) |
JUDGMENT :
Anil Kumar Choudhary, J.
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 entire criminal proceeding including order dated 05.03.2022 passed by learned JMFC, Bokaro whereby and where under, learned JMFC, Bokaro took cognizance against the petitioner under Section 341 , 323, 379, 504 and 506 of IPC in connection with C.P. Case no. 861 of 2020.
3. The allegation against the petitioner is that the petitioner on 05.01.2020, criminally intimidated the complainant, voluntarily caused hurt to her, wrongfully restrained her and committed theft of Rs.4,300/- and demanded extortion of Rs.6,00,000/- and threatened that unless she pays extortion amount, the petitioner will cut her and throw her. Learned Magistrate on the basis of the complaint, the statement under solemn affirmation of the complainant and the
High Court cannot quash criminal proceedings under Section 528 B.N.S.S. based on accused's denial of allegations or by conducting mini-trial at pre-trial stage when direct allegations if true disclos....
The necessity of proving fraudulent or dishonest intention for the offences of criminal breach of trust and cheating, and the distinction between civil and criminal disputes.
High Court under Section 482 CrPC cannot quash proceedings where specific allegations of cruelty, dowry demands, assaults and harassment prima facie constitute offences; no evidence appreciation at t....
High Court may quash non-heinous private dispute proceedings under inherent powers where parties fully compromise, conviction becomes remote, and continuation abuses process.
High Court may quash criminal proceedings when no prima facie case is established, and cannot engage in fact-finding or conduct a mini trial at this stage.
The court established that police officers can be prosecuted without government sanction if they can be removed by the Inspector General, and that the merits of the case should be determined at trial....
Criminal proceedings cannot be sustained based on suppressed material facts in a dispute that is fundamentally civil in nature.
The court established that civil disputes should not be mischaracterized as criminal offenses to avoid abuse of the judicial process.
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
