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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Angad Kumar Mishra S/o Vashist Mishra – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. quashing petition under s.482 crpc for 323/504 ipc in land dispute. (Para 1 , 2 , 3 , 4) |
| 2. allegations lack hurt proof and provocative insult per precedents. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. state contends prima facie offences disclosed by materials. (Para 13) |
| 4. no evidence of bodily hurt for s.323 ipc. (Para 14 , 15) |
| 5. no intentional insult to provoke breach for s.504 ipc. (Para 16) |
| 6. proceedings quashed as abuse of process. (Para 17 , 18 , 19) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. Though notice has been validly served upon the opposite party no. 2, no one turns up on behalf of O.P. No.2.
3. 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 in connection with Complaint Case No. 5432 of 2023, including the order dated 02.01.2024, passed by the Judicial Magistrate 1st class, Ranchi, whereby and whereunder learned Judicial Magistrate found prima facie case for the offences punishable under Sections 323 and 504 of the Indian Penal Code.
4. The brief facts of the case is that the allegat
Mere allegation of 'marpit' without evidence of hurt fails Section 323 IPC ingredients; abuse sans provocation for public peace breach insufficient for Section 504 IPC. Quashing under Section 482 CrP....
Proceedings quashed under CrPC Section 482 as allegations failed to disclose essential ingredients of IPC Sections 323, 341, 504 - no bodily pain, no wrongful restraint, no provocative insult - even ....
The essential ingredients of an offense under Section 504 of the Indian Penal Code must be met for the charge to be sustained.
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