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SANJAY KUMAR DWIVEDI
Harihar Prasad @ Harihar Prasad Khatik – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Heard Mr. Sumeet Gadodia, learned counsel appearing for the petitioners, Mr. V.S. Sahay, learned A.P.P. for the State and Mr. A.K. Kashyap, learned senior counsel appearing for the O.P. No. 2.
2. This petition has been filed for quashing of the entire criminal proceedings including the order taking cognizance dated 15.09.2015, by which, cognizance for the offence under Sections 385 , 504, 34 of the INDIAN PENAL CODE has been taken against the petitioners, in connection with C.P. Case No. 930 of 2015, pending in the court of learned Judicial Magistrate, 1st Class, Dhanbad.
3. The complaint case was lodged by the complainant alleging therein that on 29.03.2015 the complainant along with Kansari Mandal, Devi Sharan Sinha and Braj Kishore were in discussion of urgent matter of Bar Association at his house in Gobindpur. At about 12:00 PM all accused person namely, Radhe Shyam Goswami, Prayag Mahato, Harihar Prasad along with some hired persons came in a Maruti car bearing No. JH10N-7532 and forcibly entered into the premises and surrounded the chair persons and at the knock of deadly weapon the accused, Radhe Shyam Goswami and Prayag Mahato demanded Rs.5,
The High Court possesses inherent power under Section 482 Cr.P.C. to quash criminal proceedings that are malicious or retaliatory, even when proceedings are ongoing.
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.....
High Court should persuade it to quash such criminal proceedings in exercise of power vested in it under Section 482 Cr.P.C. Such exercise of power, besides doing justice to accused, would save preci....
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....
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....
Point of Law : Powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see ....
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