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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Raj Kumar, aged about 52 years, S/o Late Laljee Choudhary – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
By the Court:- Heard the parties. Though notice has validly been served upon the opp. Party no. 2 but no one turns up on behalf of the opp. Party no. 2 in spite of repeated calls.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of CrPC with the prayer for quashing and setting aside the entire criminal proceeding initiated against the petitioners in connection with Protest-cum-Complaint Case no. 1495 of 2017 arising out of Dhurwa P.S. case no. 93 of 2015, G.R. case no. 2221 of 2015 including the order dated 25.06.2018 passed by learned JMFC, Ranchi, whereby and whereunder, learned Magistrate found prima facie case for the offences punishable under Sections 417, 504, 506, 34 of the IPC.
3. The allegation against the petitioners is that the petitioners have committed the offence of forgery and have forcibly occupied the school by forging documents and have embezzled an amount of Rs. 1.50 to 2.00 crores; in violation of the prescribed yardsticks of Arya Samaj. On the basis of the complaint, the statement of the complainant on Solemn Affirmation and the statement of the Inquiry Witnesses, l
Civil disputes should not be framed as criminal offences when no fraudulent intent is evident, as it constitutes an abuse of legal processes.
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 affirmed that without personal wrongdoing or clear involvement in company actions post-resignation, criminal liability cannot be established, and proceedings can be quashed as an abuse of p....
A mere breach of contract does not amount to cheating unless there is an intention to deceive from the inception of the agreement; allegations of insult and intimidation must meet specific legal thre....
Criminal proceedings ought not to be scuttled at the initial stage. Quashing of a complaint should rather be an exception and a rarity than an ordinary rule. Considering the allegations made in the c....
Criminal process cannot be utilized for any oblique purpose – Court should quash those criminal cases where chances of an ultimate conviction are bleak and no useful purpose is likely to be served by....
Civil disputes cannot be cloaked in criminality; allegations of cheating require proof of fraudulent intent at inception of the transaction.
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