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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE ANIL KUMAR CHOUDHARY, J
Abhishek Sinha, Son Of Shishir Kumar Sinha – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This Writ Petition has been filed invoking the jurisdiction of this Court under Article 226 read with 227 of the Constitution of India with a prayer to quash the entire criminal proceeding in connection with Sukhdeo Nagar P.S. Case No. 511 of 2024 registered for the offences punishable under Sections 132, 115(2), 229, 316(2), 318(4), 351(2), 352, 324, 329(3), 336(3), 338, 336(4), 340(2), 343, 308(2) and 61(2) of Bharatiya Nyaya Sanhita, 2023.
3. The brief fact of the case is that the petitioner nos.2 and 3 being the directors of Media Eleven Private Limited- a company, took the premises of the informant on rent but defaulted in paying rent and did not vacate the said premises. The informant filed JBC Case No. 38 of 2017 for eviction of the petitioner nos.1 and 2 and the petitioner no.2 filed a false affidavit in the said JBC Case No. 38 of 2017 hence, it is alleged that the petitioner no.2 Arup Chatterjee has given false evidence and fabricated false affidavit in a judicial proceeding. It is further alleged that JBC Case No. 38 of 2017 has been allowed in favour of the informant and the execution proceeding was also going on
Non-payment of rent is not a penal offence, and affidavits are not considered evidence unless permitted by court order.
High Court cannot quash criminal proceedings under Section 528 B.N.S.S. based on accused's denial of allegations or by conducting mini-trial at pre-trial stage when direct allegations if true disclos....
The court emphasized that without a false document, the offenses of forgery and cheating are not substantiated, leading to the quashing of the FIR.
Judicial orders in criminal cases cannot be quashed under Article 226 if the charge sheet is not challenged, and the allegations warrant a trial.
The court established that allegations in the FIR did not constitute extortion or criminal intimidation, emphasizing the distinction between civil disputes and criminal offences.
The court quashed the FIR as the allegations did not constitute a cognizable offence and were deemed a misuse of the legal process, given the existence of pending civil suits.
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