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SUBHASH CHAND
Lal Rajesh Nath Sahadeo, S/o. Late Baijnath Sahdeo – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Subhash Chand, J.
The instant criminal miscellaneous petition has been filed on behalf of Lal Rajesh Nath Sahadeo with the prayer to quash the order taking cognizance under sections 417 & 493 of IPC dated 08.03.2017 passed by the learned A.C.J.M., Lohardaga in C.P. Case No. 366 of 2016 as well as the entire proceeding of the same C.P. Case number as against the petitioner pending in Court of learned A.C.J.M., Lohardaga.
2. The learned counsel for the petitioner has submitted that no alleged offence is made out against the petitioner. The learned trial court while taking the cognizance is not taken into consideration the unexplained delay of 14 years in lodging the complaint. Even if the entire prosecution case is taken to be correct, no offence under sections 417 and 493 of IPC is made out. In view of the above contended to quash the cognizance order and entire proceeding of the case pending against the petitioner.
3. The learned counsel for the op no.2 and learned APP for the State opposed the contentions made by the learned counsel for the petitioner.
4. The copy of the complaint is made annexure of this petition wherein the allegations are made by the complainant that the
Delay in lodging a complaint can bar cognizance of offences under IPC if not properly explained, and allegations must meet statutory criteria for the offences charged.
A breach of promise to marry cannot be considered a false promise unless the maker had no intention of upholding it. Section 493 IPC requires the victim to have a belief of lawful marriage and cohabi....
Allegations of unwilling cohabitation and refusal to solemnize a marriage constitute cheating under IPC, despite existing marital ties, necessitating trial evaluation rather than dismissal at the pre....
The court quashed proceedings under Sections 493 and 312 IPC due to insufficient allegations but allowed investigations under Sections 419, 420, and 504 IPC to proceed.
Absence of intent to cheat at the inception negates the elements of the offence under Section 420 IPC, resulting in the quashing of the cognizance order.
The court ruled that allegations of deception and cheating under IPC Sections 493 and 417 were not substantiated, leading to the quashment of criminal proceedings.
The judgment establishes the distinction between rape and consensual acts, emphasizing the active and reasoned deliberation required for consent under IPC Section 375, and the consequences of a decei....
A married woman cannot claim rape or cheating based on a false promise of marriage when she consents to a relationship, understanding her marital status.
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