Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Jai Prakash Narayan Sinha S/o Late Shyam Narayan Sinha – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Anil Kumar Choudhary, J.
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 prosecution arising out of Complaint Case No.3225 of 2019 including the order taking cognizance dated 20.08.2022 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 420 , 406 & 120B of the Indian Penal Code against the petitioners.
3. The allegation against the petitioners is that the petitioners entered into an agreement with the complainant to sell their land, thereafter, they sent a legal notice for cancelling the development agreement. Subsequently, the petitioners offered to execute power of attorney in favor of the complainant and to execute a fresh agreement. The complainant paid Rs.13 Lakhs as advance at the time of agreement, but the petitioners did not execute any power of attorney nor responded to the legal notice sent by the complainant in connection with selling of the la
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
