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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Kamal Kumar Pandey – Appellant
Versus
State Of Jharkhand – Respondent
| Table of Content |
|---|
| 1. allegations of threats, theft to force complaint withdrawal. (Para 2 , 4) |
| 2. civil loan dispute falsely criminalized; precedents support quashing. (Para 3 , 5 , 6 , 7) |
| 3. fir allegations constitute sections 379, 506 ipc offences. (Para 8) |
| 4. no mini-trial or defence assessment at quashing stage. (Para 9 , 10 , 11 , 12 , 13) |
| 5. quashing petition dismissed during ongoing investigation. (Para 14 , 15) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with the prayer to quash the entire criminal proceedings in connection with Adityapur P.S. Case No. 234 of 2024 registered for the offences punishable under Sections 341, 379, 504, 506/34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that the investigation of the case is still going on and charge sheet has not yet been submitted in this case.
4. The brief fact of the case is that the allegation made against the petitioners is that when the petitioners came to know that the informant lodged a complaint case against the petitioners in the court of the Chief Judicial M
High Court cannot quash criminal proceedings under Section 528 B.N.S.S. based on accused's denial of allegations or by conducting mini-trial at pre-trial stage when direct allegations if true disclos....
Non-payment of rent is not a penal offence, and affidavits are not considered evidence unless permitted by court order.
Criminal proceedings cannot be sustained based on suppressed material facts in a dispute that is fundamentally civil in nature.
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 established that allegations in the FIR did not constitute extortion or criminal intimidation, emphasizing the distinction between civil disputes and criminal offences.
The Court established that proceedings can be quashed under Section 482 of the CrPC when allegations do not constitute a prima facie case and continuing would abuse the Court process.
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