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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Amar Nath Ray – 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 proceedings of C.P. Case No.755 of 2021 including the order dated 19.01.2023 passed by the learned Judicial Magistrate-1st Class, Bokaro whereby and where under the learned Judicial Magistrate has found prima facie case for the offences punishable under Sections 406, 420, 427, 506/34 of the Indian Penal Code and passed summoning order.
3. The allegation against the petitioners is that the petitioner made the husband of the complainant to spend Rs.20-25 lakhs for purchasing a land under litigation and also took Rs.15,00,000/- for a boundary wall to be constructed over the said land. Further, the petitioners blackmailed the husband of the complainant by taking advantage of being in possession of the blank cheques signed by the complainant and instituted a false case against the complainant, her husband and the father-in-law of the complainant, by falsely stating that the petitioners gave Rs.1,15,00,000/- as loan to the complainant, her hus
Quashing under CrPC Section 482 as no prima facie case for IPC Sections 406, 420, 427, 506/34 even if all allegations true, lacking initial deception, entrustment, property mischief, and intimidation....
To substantiate IPC offences, essential elements must be satisfied; mere allegations are insufficient to continue criminal proceedings.
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....
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....
To establish an offense under Sections 406 and 420 IPC, it is essential to demonstrate entrustment and deception from the transaction's inception, respectively; lack of these elements leads to the qu....
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....
Continuance of criminal proceedings based on civil disputes, without established fraudulent intent, is an abuse of process of law.
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