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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Louis Kujur @ Luis Kujur, Son Of Late Patras Kujur – Appellant
Versus
State Of Jharkhand – Respondent
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 with the prayer to quash the entire criminal proceedings, corresponding to G.R. Case No. 227 of 2022 arising out of Simdega P.S. Case No. 60 of 2019 including the order dated 14.07.2022 passed in the said case whereby and where under the learned Chief Judicial Magistrate, Simdega has taken cognizance of the offences punishable under Sections 420, 506, 504, 379, 387 and 34 of the Indian Penal Code.
3. The brief fact of the case is that the petitioner being a leader of a political party after coming to know about the sufferings of the informant who is a retired unmarried teacher and who was old and ailing, deceived the informant by alluring her to get a land in front of his house sold to her and offered the informant to get a house constructed for her so that she can get the medical facilities by residing in the Simdega town, though the petitioner had no intention to do any such thing and thus fraudulently and dishonestly induced the informant to pay Rs.36,87,000/- to him and to other per
Quashing under Section 482 CrPC not warranted in cheating cases with deception at inception inducing parting with money, confirmed by police charge-sheet; Magistrate cannot alter sections at cognizan....
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....
Under Section 482 CrPC, High Court cannot quash cheating proceedings via mini-trial or on defence pleas; deception from inception essential, oral evidence suffices for payment proof, civil caution in....
The court ruled that where allegations do not substantiate criminal offenses, particularly under Sections 406, 420, and 506 IPC, the FIR is quashed to prevent abuse of legal process.
Continuance of criminal proceedings based on civil disputes, without established fraudulent intent, is an abuse of process of law.
For an offense of cheating under Section 420 IPC, there must be deception at inception; mere breach of contract is insufficient to establish criminal liability.
No cheating absent deception from transaction's inception; mere salary shortfall not offence. Sections 504/506 require provocation for breach of peace or threat of injury with alarm-causing intent – ....
To constitute offences under Sections 420, 323, and 504 IPC, essential ingredients of intent, injury, or insult must be established at the onset; mere breach of contract or abusive language without t....
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