IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE ANIL KUMAR CHOUDHARY, J
Abhay Kumar Mishra – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
I.A. No. 2512 of 2025 ( in CrMP No. 1990 of 2021)
Heard the parties.
2. Learned senior counsel for the petitioner submits that this interlocutory application has been filed with the prayer to add the Inspector General of Police, Crime Investigation Department, Jharkhand, as the opp. party no. 5, though it has been erroneously mentioned in the interlocutory application that the Inspector General of Police, Crime Investigation Department, Jharkhand, may be impleaded as party respondent no. 4. It is next submitted that this writ petition has been filed with a prayer for quashing the FIR on the ground that the FIR is misuse of provisions of Code of Criminal Procedure. It is next submitted that the FIR has been filed by the informant, in person, in a representative capacity for his clients on the basis of the documents supplied by him which is an act of fomenting litigation. It is further submitted by learned senior counsel for the petitioner that several false cases have been lodged against the present writ petitioner and another false case having been filed vide Jagarnathpur P.S. case no. 191 of 2020. The writ petitioner also filed W.P. (Cr.) no. 278 of
The court upheld the validity of an interim order, emphasizing it cannot be vacated without justifiable grounds, reinforcing the importance of procedural integrity in criminal proceedings.
Point of law: The legal position on the issue of quashing of FIR or criminal proceedings is well-settled that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingl....
Court held that state police investigation indicated bias; thus, CBI should investigate to ensure impartiality in serious allegations involving high-profile figures.
The judgment emphasizes the need for fair investigation and clarifies the exceptional circumstances for transferring investigation to the CBI.
The accused has no right to dictate the investigating agency or method of investigation, and the plea of alibi must be substantiated with cogent evidence.
(1) Interim order of stay of investigation during pendency of quashing petition can be passed with circumspection.(2) When investigation by police is in progress, court should not go into merits of a....
Prosecution of the petitioners was found to be malicious, lacking evidentiary basis for allegations of abduction and threats, leading to the quashing of FIRs under Section 482 CrPC.
The court affirmed that ongoing investigations by CID Crime are valid despite no FIR being registered, emphasizing that courts should not interfere unless exceptional circumstances arise.
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