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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Jitendra Prasad, S/o. Shree Vishwanath Prasad – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petitioner filed for quashing criminal proceedings. (Para 2 , 3) |
| 2. petitioner's arguments regarding lack of illegality in actions. (Para 4 , 5 , 6) |
| 3. state's opposition to petitioner's claims; emphasis on legal authority. (Para 7 , 8) |
| 4. magistrate's power limits during cognizance. (Para 9 , 10) |
| 5. inapplicability of precedents to current case. (Para 11 , 12) |
| 6. court dismisses the petitioner's application for lack of merit. (Para 13 , 14) |
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, 1973 with the prayer to quash the entire criminal proceedings of Gomia P.S. Case No.04 of 2016 corresponding to G.R. Case No.39 of 2016 including the order dated 04.05.2017 whereby and where under cognizance has been taken by the learned Judicial Magistrate, Bermo at Tenughat of the offences punishable under Sections 419, 420, 466, 467, 468 and 471 of the Indian Penal Code.
3. The brief facts of the case is that the petitioner submitted a forged certificate of having pursued the course from the Institute of Medical Technology and on the
The court emphasized that ignorance of law is not an excuse, and a magistrate cannot modify charges during cognizance, affirming the need for proper authority in educational certification.
High Court under Section 482 CrPC cannot quash proceedings via mini-trial or evidence appreciation; magistrate cannot alter sections at cognizance on charge sheet, only at charge framing.
The court emphasized that criminal proceedings cannot be initiated for civil disputes, and jurisdiction is essential for the validity of an FIR.
A legitimate prosecution cannot be stifled under Section 482 Cr.P.C., and the complainant had locus standi to set the law in motion.
Point of Law : Power conferred under Section 482 of the Code to quash criminal proceedings for non-compoundable offences under Section 320 of Code can be exercised having overwhelmingly and predomina....
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