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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Anil Kumar Singh – 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, 1973 with the prayer to quash the entire criminal proceeding including the order dated 26.02.2020 passed by the learned Judicial Magistrate-1st Class, Bokaro in connection with Bokaro Steel City P.S. Case No.245 of 2018 corresponding to G.R. Case No.86 of 2019 whereby and where under the learned Judicial Magistrate-1st Class, Bokaro took cognizance of the offence punishable under Section 304A of the Indian Penal Code basing upon the charge-sheet submitted by the police after investigation of the case.
3. Learned counsel for the petitioner submits that this is the second journey of the petitioner with the self-same prayer as earlier the petitioner filed Cr.M.P. No.4026 of 2019. It is next submitted that a co- ordinate Bench of this Court vide order dated 15.01.2020 in the said Cr.M.P. No.4026 of 2019 was of the view that since the materials against the petitioner in the order impugned has not been mentioned so, it set aside the impugned order and remitted the matter to the Magistrate co
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Criminal negligence in medical cases requires a higher degree of care and thorough examination of facts by the magistrate to substantiate claims; an independent medical opinion is essential.
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.
The jurisdiction under Section 482 CrPC is not to quash proceedings based on disputed facts; such issues must be resolved in trial.
The inherent powers under Section 482 Cr.P.C. cannot be used to entertain a second revision application, and no prima facie case was established against the accused.
When the charge sheet is submitted, the trial court should consider the merits of the case instead of quashing the entire criminal proceeding. Specific allegations against the accused should be consi....
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