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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Shyam Bihari, son of Mahavir Prasad – 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 CrPC with the prayer for quashing and setting aside the entire criminal proceeding including the order dated 01.11.2022 passed in connection with Deoghar (Town) P.S. case no. 94 of 2019 corresponding to G.R. case no. 1112 of 2022 whereby and where under, learned Chief Judicial Magistrate, Deoghar based on the charge sheet submitted by the police in the case, has taken cognizance of the offences punishable under Sections 409, 420, 467, 468, 471, 120B of the IPC inter alia against the petitioners.
3. The allegation against the petitioners is that the petitioners along with the co-accused of the case, some of whom are the officers of Bharat Sanchar Nigam Limited (BSNL) and its predecessor-in- interest, Department of Telecommunication, committed forgery for the purpose of cheating and also used forged documents as genuine and being public servant and agent, committed criminal breach of trust, in respect of the property entrusted to them, by falsely claiming to be the Temporary Status Mazdoors (TMS) of the said BSNL and its s
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 established that allegations of cheating and forgery require a clear demonstration of fraudulent intent at the time of the transaction, and that the existence of a civil remedy does not pre....
A legitimate prosecution cannot be stifled under Section 482 Cr.P.C., and the complainant had locus standi to set the law in motion.
High Court cannot quash criminal proceedings pre-trial if sufficient evidence exists; such issues must be determined at trial.
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