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SANJAY KUMAR DWIVEDI
Anjani Kumar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Heard learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the O.P. No.2.
2. The prayer in the petition is made for quashing of the entire criminal proceeding including the order taking cognizance dated 08.02.2017 in connection with Complaint Case No.2733 of 2016 pending in the Court of learned Judicial Magistrate, Dhanbad.
3. The complaint case was filed alleging therein that the case has been instituted on the basis of the complaint petition filed by O.P. No.2. The case of the complainant in short is that the complainant is a retired teacher. That the complainant after retirement from the service received her retiral benefits and deposited the said amount in the State Bank of India, Govindpur Branch. It is further stated by the complainant, her son namely Sidharth accused No.1 having association with criminal and he was always hatching the conspiracy to grab the money of the complainant which was deposited in the bank. The wife of accused No.1 Supriya Kumari also assisting him in hatching the conspiracy. It is further stated by the complainant that on 21.09.2016 the accused No.1 wit
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Suspicion alone is insufficient for criminal proceedings; there must be credible evidence to support allegations to prevent abuse of legal process.
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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.
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