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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Ranchi Expressways Limited – Appellant
Versus
Union of India through C.B.I. – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard learned senior counsel Mr. R.S. Mazumdar appearing for the petitioners and learned counsel Mr. Prashant Pallav, appearing for the CBI.
2. This petition has been filed for quashing the entire criminal proceeding including the order dated 08.01.2021 passed in connection with R.C. Case No. 02 (A)/2019-R, whereby learned Special Judicial Magistrate, C.B.I., Ranchi, was pleased to find a prima facie case for proceeding under Sections 120B read with Section 409, 420, 477A of the Indian Penal Code against the petitioners and accordingly took cognizance of the same, pending in the Court of learned Additional Judicial Magistrate-XVI-cum-Special Judge, C.B.I., Ranchi.
3. Learned senior counsel appearing for the petitioners submits that the prosecution case has been initiated on the basis of the FIR registered by the CBI being R.C. Case No. 02 (A)/2019-R dated 12.03.2019. He submits that it has been alleged in the F.I.R., inter-alia, that on P.Ε. 02 (A)/2018-R was registered in C.B.Ι., ACB, Ranchi 07.08.2018 in compliance of the order dated 25.07.2018 of the Hon'ble High Court of Jharkhand in W.P. (PIL) Nos. 3503 of 2014 and 2470 of 2015 in the matter
The court held that sufficient prima facie evidence of conspiracy and fund diversion justified the continuation of criminal proceedings without interference under Section 482 CrPC.
The court emphasized that the power under Section 482 CrPC to quash criminal proceedings should be exercised sparingly, focusing on whether a prima facie case exists based on the allegations.
Quashing of criminal proceedings is not permissible where serious fraud allegations threaten public interest; individual settlements cannot outweigh collective societal harm.
The court upheld the necessity of trial for charges framed under the Prevention of Money Laundering Act, emphasizing that prima facie evidence supports the petitioner’s involvement in fraudulent acti....
Illegal gratification – In a case where investigation is completed, Court is not required to appreciate evidence for quashing criminal proceeding – To appreciate evidence is function of Criminal Cour....
Quash of FIR - A complaint can be quashed where the allegations made in the complaint, even if they are taken at their face value and accepted in their entirety, do not prima-facie constitute any off....
At the stage of framing the charge, the truth, veracity, and effect of the evidence proposed by the prosecutor are not meticulously judged.
The main legal point established in the judgment is that at the stage of consideration of charge, an accused cannot rely on materials by way of defense, and the power under Section 482 of the Code of....
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