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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Enkon Pvt. Ltd., Bhubaneswar – Appellant
Versus
Harekrushna Subudhi – Respondent
| Table of Content |
|---|
| 1. overview of the complaint and allegations. (Para 2 , 3 , 4) |
| 2. arguments regarding procedural flaws and allegations. (Para 5 , 6) |
| 3. court's analysis of the impugned order. (Para 7 , 8 , 9) |
| 4. legal interpretation of criminal breach of trust. (Para 10 , 11 , 12 , 13 , 14) |
| 5. grounds for quashing the complaint. (Para 15 , 16) |
| 6. final order allowing the crlmc. (Para 17) |
ORDER :
G. SATAPATHY, J.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. This is an application under Section 482 of Cr.P.C. by the petitioners seeking to quash the impugned order passed on 05.12.2015 by the learned S.D.J.M., Bhubaneswar in 1.C.C. Case No.2142 of 2015 taking cognizance of offence under Sections 294 /341/506/406 of Indian Penal Code, 1860 (in short the “ IPC ”) and consequently, the criminal proceeding arising thereon.
3. At the outset, it needs to be mentioned, “the learned S.D.J.M., Bhubaneswar by the impugned order has declined to proceed against co-accused Deepak Mishra and Abhaya Routray, the IIC and ASI of Sahidnagar PS for want of sanction under Section 197 of Cr.P.C., but issued process against the petitioners by the same order”.
4. An overview of
Cognizance of offences under IPC sections requires clear allegations and evidence supporting constituent elements; mere threats or accusations without adequate proof do not suffice for criminal proce....
Point of law : exercise powers under Section 482 CrPC, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court....
Fraudulent intent at the inception of a transaction is essential to establish cheating; mere breach of contract does not constitute a criminal offence.
The court reiterated the principles for quashing criminal proceedings at the threshold, emphasizing the distinction between civil and criminal wrongs. It held that criminal proceedings should not be ....
A mere breach of a promise, agreement, or contract does not, ipso facto, constitute the offence of criminal breach of trust contained in Section 405 IPC without there being a clear case of entrustmen....
(1) Issuance of process – Mere existence of some grounds which would be material in deciding whether accused should be convicted or acquitted does not generally indicate that case must necessarily fa....
The court reiterated that criminal proceedings should not be initiated when the allegations are purely civil in nature and there is no entrustment of property or dishonest intention on the part of th....
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