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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Ashif Ali Khan @ Ashif Khan, Son of Md Taqi Khan – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. allegations of criminal offences and property dispute. (Para 2 , 3) |
| 2. defence arguments contesting allegations. (Para 4 , 5) |
| 3. court analysis on lack of offence due to absence of allegations. (Para 6 , 8 , 9 , 10) |
| 4. dismissal of merits and further proceedings. (Para 7 , 11) |
| 5. disposal of criminal miscellaneous petitions. (Para 12) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. Since both these Criminal Miscellaneous Petitions have been filed with the self-same prayer to quash the entire criminal proceeding including the order dated 04.08.2023 passed in Complaint Case No. 1432 of 2023 by the learned Judicial Magistrate-1st Class, Giridih whereby and where under the learned Judicial Magistrate-1st Class, Giridih has found prima facie case for the offences punishable under Sections 406, 447, 504 and 506 of the Indian Penal Code and issued summons against the petitioners. Hence, both these Criminal Miscellaneous Petitions are disposed of by this common judgment.
3. The case of the complainant in brief is that the complainant entrusted her house to the petitioner No.1 of Cr.M.P. No. 1857 of 2024 for using the same for his residence only and to carry out his own
High Court may quash criminal proceedings when no prima facie case is established, and cannot engage in fact-finding or conduct a mini trial at this stage.
Not every breach of contract amounts to cheating, and mere retention of property does not constitute dishonest misappropriation. The essential ingredients for criminal offences under the Indian Penal....
Charges cannot proceed without substantiation of essential elements; mere allegations are insufficient to maintain criminal prosecution.
A mere breach of contract does not amount to cheating under Section 420 IPC unless there is evidence of dishonest intention from the inception of the transaction.
Advance payment under oral sale agreement not entrustment for criminal breach of trust; mere failure to execute sale and selling to third party not cheating absent dishonest intention from inception.
A mere breach of contract does not amount to cheating unless there is an intention to deceive from the inception of the agreement; allegations of insult and intimidation must meet specific legal thre....
Quashing under CrPC Section 482 as no prima facie case for IPC Sections 406, 420, 427, 506/34 even if all allegations true, lacking initial deception, entrustment, property mischief, and intimidation....
Proceedings quashed under inherent powers where no prima facie case for IPC offences under Ss.288,420,406,465,504,506 as essential ingredients absent even assuming all allegations true.
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