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ANIL KUMAR CHOUDHARY
Sharad Chandra Dudhani @ Sharat Chandra Dudhani @ Sharat Dudhani – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash and set aside the entire criminal proceeding arising out of C.P. Case No.3656 of 2019 including the order dated 15.09.2022 passed by learned Judicial Magistrate-1st Class, Dhanbad whereby and where under the learned Judicial Magistrate-1st Class, Dhanbad has found prima facie case for the offences punishable under Sections 380, 453, 454, 420/34 of the Indian Penal Code against the petitioners.
3. The allegation against the petitioners is that the petitioners on 21.11.2019 at about 10:00 am went to the place of occurrence which the complainant claims to be a Government land encroached upon by him and told him to vacate the land and put a lock on the premises. Later on, the complainant obtained the documents from the court and found that the Nazir of Civil Court has misused his power. It is also alleged that the said Nazir was accompanied by the petitioner No.1 and the petitioner Nos.2 and 3 are the staffs of the petitioner No.1. The complainant filed a petition to be impleaded as a party
Lawful possession negates essential elements of theft, criminal trespass, and cheating, leading to quashing of proceedings.
The existence of civil proceedings does not preclude criminal prosecution when allegations disclose cognizable offences, affirming the concurrent nature of civil and criminal jurisdictions.
The court can quash criminal proceedings under inherent powers if the allegations stem from a civil dispute and fail to establish a prima facie case for the alleged criminal offences.
To substantiate IPC offences, essential elements must be satisfied; mere allegations are insufficient to continue criminal proceedings.
The court emphasized the necessity of inherent powers under Section 482 to prevent abuse of process when allegations do not constitute an offence.
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