IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Ramakant Singh @ Munna Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with the prayer to quash the entire criminal proceeding including the order dated 16.04.2020 passed by the learned Additional Chief Judicial Magistrate, Hazaribagh in connection with Korrah P.S. Case No. 72 of 2019, corresponding to G.R. No. 447 of 2020, whereby and where under, the learned Additional Chief Judicial Magistrate, Hazaribagh has taken cognizance of the offence punishable under Sections 171E, 171F, 353, 120B/34 of the Indian Penal Code and under Section 123 of Representation of Peoples Act consequent upon submission of the charge sheet against the petitioner for having committed the said offences.
3. The allegation against the petitioner is that the petitioner used criminal force and assault upon the inspector of Income Tax who is a public servant in execution of his duty of verifying the hotel rooms as member of flying squad consisting of other public servants also constituted to prevent adoption of illegal means in the Lok Sabha Election for the 14-Hazaribagh Lok Sabha Constituency for
High Court cannot consider defense or veracity of evidence when exercising powers under Section 482 of Cr.P.C., and must treat the FIR as true to uphold the proceedings against the petitioner.
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The High Court cannot quash charges under Section 528 of the B.N.S.S., 2023 without conducting a mini-trial, and the evidence must be evaluated at trial, not at this preliminary stage.
The court established that police officers can be prosecuted without government sanction if they can be removed by the Inspector General, and that the merits of the case should be determined at trial....
The investigation of a non-cognizable offence without the order of a Magistrate is illegal, and politically motivated prosecutions should be quashed.
High Court under Section 482 CrPC cannot quash proceedings where specific allegations of cruelty, dowry demands, assaults and harassment prima facie constitute offences; no evidence appreciation at t....
The absence of demand for illegal gratification renders allegations under the Prevention of Corruption Act unsubstantiated, emphasizing that civil disputes cannot be criminalized.
The judgment emphasizes the mandatory nature of legal provisions such as Section 195(1) Cr.P.C., Section 2(d) Cr.P.C., and Section 155(2) Cr.P.C. in determining jurisdiction and procedural compliance....
(1) Investigation of non-cognizable cases – Even if police receives any such complaint relating to non-cognizable offence, police cannot start investigation without there being a green signal from Ma....
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