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SANJAY KUMAR DWIVEDI
Md. Ekram Uddin @ Ekram Quraishi, son of Ekbal Ahmad @ Ekbal Quraishi @ Eqbal Quraishi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Sanjay Kumar Dwivedi, J.)
Heard the learned counsel appearing on behalf of the petitioners, the learned counsel appearing on behalf of the respondent State as well as the learned counsel appearing on behalf of the respondent no.2.
2. This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dated 27.05.2023 whereby the learned court has been pleased to take cognizance under section 323 and 379 of the IPC arising out of Complaint Case No.1656 of 2019, pending in the court of learned Judicial Magistrate, First Class, Giridih.
3. The present complaint case has been filed alleging therein that the mother of the complainant has purchased a land of total area 2 acres 80 decimals through a registered sale deed on 28.12.2018 from Jabir Ali Ansari in Khata No.36, Plot no.222 and total Rakba is 121 decimals. The complainant was in peaceful possession of the aforesaid land in which Asbestos House has been constructed. The accused persons on the date of occurrence i.e. on 19.7.2019 at 4 O’ Clock has demolished the wall of the house and have tried to take away some of the building materials worth Rs.92,000/-. The mother of the co
A second complaint on identical facts is not maintainable unless exceptional circumstances exist, as established in prior case law.
The main legal point established is that a second complaint on the same allegations can only be entertained in exceptional circumstances and when the core of both complaints is not the same.
The main legal point established in the judgment is that a second complaint on the same facts should be entertained only in exceptional circumstances, as per legal principles established in previous ....
A subsequent criminal complaint based on the same facts as a previously accepted final report is not maintainable unless exceptional circumstances are shown; mere acceptance of a final report does no....
The main legal point established in the judgment is that a second complaint relating to the same incident is not prohibited under the Code, and if it presents a different version with additional alle....
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 ....
Person once convicted or acquitted not to be tried for same offence – There can be no blanket bar for filing a second complaint on same set of facts – Disapproval against a final report submitted in ....
A second FIR is maintainable if it involves distinct allegations not covered in a prior FIR, even if both arise from the same factual circumstance.
Criminal proceedings should not be used as an instrument of harassment or for seeking private vendetta.
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