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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Rajesh Manjhi S/o Dilip Manjhi – 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 482 of the Code of Criminal Procedure with the prayer to quash and set aside the entire criminal proceeding in connection with Raneshwar P.S. Case No.38 of 2022 corresponding to G.R. Case No.227 of 2023 including the order taking cognizance dated 18.03.2023 passed by learned Judicial Magistrate-1st Class, Dumka whereby and where under the learned Judicial Magistrate-1st Class, Dumka has taken cognizance of the offences punishable under Sections 341, 325, 354, 504/34 of the Indian Penal Code against the petitioners on the basis of the charge sheet submitted by the police.
3. The allegation against the petitioners is that the petitioners in furtherance of common intention with the co-accused persons entered into the shop of the informant lady, dragged her outside her shop, beat her up with heavy stone, causing grievous hurt, outraged her modesty, wrongfully restrained her and intentionally insulted her with intent to provoke her to commit breach of peace.
4. On the basis of the written report submitted by the informant, poli
The Magistrate cannot add or subtract charges at the cognizance stage in a case based on police reports; such amendments are only proper during the framing of charges.
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 court affirmed that a prima facie case can be established based on credible evidence and the legal requirement for the complainant to be heard, leading to the dismissal of the criminal petition.
The court affirmed that a Magistrate taking cognizance based on a police report is not required to record reasons, provided sufficient grounds are established for proceeding with the case.
Under Section 482 CrPC, High Court cannot quash Section 304A IPC proceedings on police charge-sheet by assessing allegation falsity or conducting mini-trial; Magistrate need not record reasons for co....
Right of Complainant to file petition under Section 200 Cr.P.C. is not taken away even if Magistrate concerned does not direct that such a Protest Petition be treated as a complaint.
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