ANIL KUMAR CHOUDHARY
Hari Nandan Singh, S/o. Late Budhan Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Anil Kumar Choudhary, J.
1. 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 to quash the order dated 25.05.2022 passed by the learned Chief Judicial Magistrate, Bokaro whereby and where under, the learned Chief Judicial Magistrate, Bokaro has dismissed the complaint petition filed on 09.06.2021 by the petitioner in Complaint Case No. 549 of 2021 and further to quash the order dated 23.02.2023 passed by the learned Additional Sessions Judge-IV, Bokaro in Criminal Revision No. 148 of 2022 whereby and where under, the learned Additional Sessions Judge-IV, Bokaro has been pleased to dismiss the criminal revision filed on 20.06.2022 by the petitioner and upheld the order passed by the learned Chief Judicial Magistrate, Bokaro in Complaint Case No.549 of 2021.
3. The brief fact of the case is that the petitioner who is appearing in person filed Complaint Case No. 549 of 2021 on 10.06.2021 alleging therein that on 18.11.2020 the proposed accused no.1 directed the proposed accused no.2- who is acting assistant not to send any information to the complainant and upon the instructi
Dharampal & Others vs. Smt. Ramshri & Others reported in AIR 1993 SC 1361
The inherent powers under Section 482 Cr.P.C. cannot be used to entertain a second revision application, and no prima facie case was established against the accused.
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The court emphasized the importance of considering relevant materials and complying with due process of law when differing with police reports and taking cognizance of offences.
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....
Assault and insult of public servant with intent to provoke breach of peace – Calling someone “Pakistani” does not amount to hurting religious sentiments.
The main legal point established in the judgment is that the Magistrate is not required to record reasons for issuing process at the stage of taking cognizance based on the police report. The judgmen....
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 ruled that failure to file a supporting affidavit under Section 156(3) does not necessarily invalidate proceedings if substantial evidence of wrongdoing exists against the accused.
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