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SANJAY KUMAR DWIVEDI
Sakal Deo Singh – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. procedural context of the hearing. (Para 1 , 2 , 3) |
| 2. details of the criminal proceedings and allegations. (Para 4 , 5 , 6) |
| 3. petitioners' defense arguments presented. (Para 7 , 9) |
| 4. criteria for quashing criminal proceedings. (Para 8) |
| 5. court's conclusion and quashing of proceedings. (Para 10 , 11 , 12) |
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Notice upon opposite party no. 2 has been effected. Vide order dated 04.07.2023, the matter was adjourned with a view to provide one more opportunity to opposite party no. 2. Today when the matter was called out, nobody has responded on behalf of opposite party no. 2.
2. In that view of the matter, this petition is being heard on merit in absence of opposite party no. 2.
3. Heard Mr. Nipun Bakshi, learned counsel for the petitioners and Mr. Sunil Kumar Dubey, learned counsel for the State.
4. This petition has been filed for quashing of cognizance order dated 03.09.2016 including entire criminal proceeding of Deoghar P.S. Case No. 727 of 2013, corresponding to G.R. No. 2095 of 2013/2096 of 2013, pending in the court of the learned Sub-Divisional Judicial Magistrate, Deoghar.
5. Vide order dated 20.11.2017, notices were issued upon
The Court emphasized the need for sound, reasonable, and indubitable facts to rule out allegations and highlighted the High Court's power to quash a proceeding if it is an abuse of the process of the....
At cognizance stage, criminal proceedings under dowry harassment provisions not quashable if case diary materials prima facie disclose specific offences, without assessing defence or merits; vague al....
Prima facie evidence must be disclosed in the cognizance order, especially when charge-sheet is submitted against one accused while the FIR includes multiple accused.
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's decision reaffirms the principle that the High Court may exercise its power under Section 482 Cr.P.C. to quash criminal proceedings only in cases of malicious prosecution, based on the fa....
A cognizance order must demonstrate an application of mind and provide reasons or materials against the accused. Simply filling in the word 'cognizance' without any reasoning or consideration of the ....
In cases instituted on a police report, the Magistrate is only required to pass an order issuing summons to the accused based on the satisfaction of the Magistrate considering the police report and o....
The absence of allegations substantiating criminal offences necessitates quashing of the FIR, thereby preventing abuse of legal process.
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