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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE ANIL KUMAR CHOUDHARY, J
Daud Jahangir, Son Of Late Haji Mohammad Kabiruddin – Appellant
Versus
The State Of Jharkhand – Respondent
JUDGMENT :
Anil Kumar Choudhary, J.
I.A. No. 976 of 2024
1. Heard the parties.
2. Learned Senior Advocate appearing for the petitioner does not press this interlocutory application.
3. Accordingly, this interlocutory application is rejected as not pressed.
W.P. (Cr.) No. 475 of 2023
1. Heard the parties.
2. This Writ Petition has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to quash the entire criminal proceeding in connection with Nagri P.S. Case No. 114 of 2023 registered for the offence punishable under Sections 406 , 420 and 506 of Indian Penal Code and consequential reliefs.
3. The undisputed fact remains that in the meanwhile, the police completed investigation of the case and after completion of investigation police submitted charge sheet against the petitioner for having committed the offence punishable under Sections 406 , 420 and 506 of Indian Penal Code and vide order dated 27.09.2023 the learned Judicial Magistrate 1st Class-VI, Ranchi has taken cognizance of the said offences punishable under Sections 406 , 420 and 506 of Indian Penal Code against the petitioner and ordered for issuance of summons.
4. It is perti
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 affirmed that a party only involved in a civil contract cannot face criminal liability unless it directly transacted or misappropriated funds, supporting the need for a clear distinction be....
The court ruled that criminal proceedings based on civil disputes without clear fraudulent intent are an abuse of process, necessitating dismissal of such charges.
A breach of contract does not constitute cheating unless fraudulent intent is proven at the outset of the agreement, as established in relevant legal precedents.
Point of Law : Offence of Cheating - Inherit Powers of High Court - Extraordinary and inherent power of this Court under Section 482 of Cr.P.C., do not tilt in favour of the petitioners to pass an or....
Power under Section 156(3) warrants application of judicial mind. A court of law is involved. It is not the police taking steps at the stage of Section 154 of the Code.
Criminal proceedings cannot be initiated for disputes that are purely civil in nature, and the High Court has the authority to quash such proceedings to prevent abuse of the legal process.
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