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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Krishna Kumar Singh, S/o. Late Durga Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
The instant Criminal Revision Application has been filed on behalf of the petitioners challenging the impugned order dated 21.08.2024 passed in MCA No. 2085 of 2024 by Sri Niraj Kumar Vishawakarma, the learned Additional Sessions Judge-X, Dhanbad by which learned Additional Sessions Judge-X, Dhanbad has rejected the discharge petition filed by the petitioners under Section 227 of the Cr. P. C. in connection with Dhanbad Mahila P. S. Case No. 30 of 2023 corresponding to G. R. No. 682 of 2023 [S. T. No. 279 of 2024] for the offences under Sections 4 98(A), 323, 313 and 307 of the INDIAN PENAL CODE and Section 3 /4 of the Dowry Prohibition Act.
2. It has been alleged by the informant- Arpita Kumari in the FIR that she was married with one Vishwamitra Singh on 08.12.2022 as per the Hindu Customs and on the date of engagement on 11.04.2022, Rs. 1,00,000/- was given and Rs. 5,00,000/- were also given on the date of Tilak on 04.12.2022 and Rs. 9,51,000/- was given on 16.12.2022 by the Bank Transfer. Further articles of Rs. 5,00,000/- was given. Thereafter at the time of Bidai, i.e. on the next day of marriage, her father had given Rs. 9,00,000/- cash. Further on demand of her in-
The rejection of a discharge petition is justified when credible allegations of physical assault and dowry demands support the framing of charges under IPC and Dowry Prohibition Act.
The main legal point established is that at the stage of framing charges, the trial court is only required to consider whether uncontroverted allegations prima facie make out a case against the accus....
At the initial stage of deciding whether the accused ought to be discharged, the truth, veracity, and effect of the evidence are not to be meticulously judged. The accused has no right to produce any....
The court emphasized the need for a prima facie case to be made out against the accused while framing charges, and the importance of considering the broad probabilities of the case and the total effe....
Offence of Cruelty - Conviction affirmed - Scope of revisional jurisdiction this court is not inclined to interfere with impugned judgment of conviction of petitioner under section 498(A) of Indian P....
The main legal point established in the judgment is the importance of evaluating the evidence at the stage of framing charges, emphasizing the need for strong suspicion based on material to justify f....
The court established that consensual relationships, even if based on promises of marriage, do not amount to rape unless there is clear evidence of deception or coercion, and the standard for proceed....
The main legal point established in the judgment is the requirement for a prima facie case for proceeding against the accused and the presence of grave suspicion against the accused in determining th....
The court upheld the presumption of abetment of suicide under Section 113-A of the Evidence Act, affirming sufficient grounds for framing charges of cruelty and abetment against the petitioners.
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