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SHREE CHANDRASHEKHAR
Om Prakash Chhawnika S/o Jagdish Prasad Chhawnika – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. By filing this petition under section 482 of the Code of Criminal Procedure, Om Prakash Chhawnika and Kumud Kumar Jha have challenged the order dated 26th March 2007 by which processes have been issued against them in Complaint Case No. 37 of 2007. The petitioners have also pleaded that the entire criminal proceedings in Complaint Case No. 37 of 2007 reflect non-application of mind on the part of the Chief Judicial Magistrate at Ranchi who overlooked the fact that the petitioners never impersonated any person and the complaint was tainted and actuated with mala fide and, therefore, liable to be quashed.
2. On the basis of the complaint petition filed by Janab Salim Sahab, Complaint Case No. 37 of 2007 (in short “C-37/07”) was registered which was made over to the Judicial Magistrate at Ranchi for inquiry under section 192 of the Code of Criminal Procedure and, accordingly, T.R No. 108 of 2007 was instituted. In the inquiry proceedings, the statement of the complainant was recorded on solemn affirmation on 29th January 2007 and Jafar Alam was produced as a witness by the complainant to tender pre-summoning evidence on 2nd February 2007. By an order dated 8th March 2007, the
The court established that allegations of deception necessary for an offence under Section 417 of the IPC were inadequate, quashing the criminal proceedings due to their basis in a civil dispute.
High Court cannot quash criminal proceedings pre-trial if sufficient evidence exists; such issues must be determined at trial.
The court affirmed that mere availability of civil remedies does not negate criminal liability, allowing the investigation to proceed based on sufficient prima facie allegations.
The main legal point established in the judgment is the principle that the continuation of criminal proceedings would amount to an abuse of process of the Court, especially in the presence of pending....
The main legal point established in the judgment is that when disputes between the parties constitute only civil wrong and not a criminal wrong, the Courts would not permit a person to be harassed. T....
The court can exercise its inherent jurisdiction under Sec. 482 Cr.P.C to quash criminal proceedings if they amount to an abuse of the process of the court or if quashing the proceedings would serve ....
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