Back
MAYANK KUMAR JAIN
Chandrajeet Prajapati – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
MAYANK KUMAR JAIN, J.
1. Heard Sri Amit Daga, learned counsel for applicants, Mrs. Abha Gupta, learned counsel for the opposite party No. 2 and learned Additional Government Advocate for the State.
2. Present application under Section 482 Cr.P.C. has been filed for quashing the criminal complaint dated 31.03.2016 as well as the entire proceedings registered in pursuance thereof as criminal complaint case no. 6440 of 2021 (CNR No. UPJP040115332016, initially numbered as criminal complaint case no. 399 of 2016), Bhanu Pratap vs. Chandrajeet & others, under Sections 302/149, 325, 201 I.P.C., P.S. Sarai Khwaja, District Jaunpur, pending before the court of learned Chief Judicial Magistrate, Jaunpur, including the summoning order dated 28.09.2023. It is also prayed to stay further proceedings of the aforesaid case during the pendency of the present application.
3. The brief facts of the prosecution case as set out in the F.I.R. are that:-
3.1. Opposite party no. 2 lodged an F.I.R. against the applicants stating therein that the marriage of his daughter Shashiprabha was solemnized on 09.07.1999 with Chandrajeet Prajapati. Shashiprabha was subjected to cruelty and harassment by the
The absence of medical evidence and post-mortem reports precludes establishing a prima facie case for homicide, raising doubts about the informant's motives.
The court emphasized that a Magistrate must apply judicial mind before summoning accused, and inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process.
General allegations in FIR without specific roles do not warrant prosecution under IPC and Dowry Prohibition Act.
(1) If a prima facie case is made out disclosing ingredients of offence alleged against accused, Court cannot quash a criminal proceeding.(2) Cognizance of offence – Magistrate can ignore conclusion ....
The main legal point established in the judgment is the requirement for a prima facie case to be made out against the accused and the limitations on the court's power to appreciate evidence at the pr....
The main legal principle established in the judgment is that the inherent power under Section 482 Cr.P.C. should be exercised sparingly and with circumspection, and only in cases where allowing the p....
The evidence produced by the accused in his defense cannot be looked into by the court at the pre-trial stage. The court's power under Section 482 Cr.P.C. to quash criminal proceedings is to prevent ....
The court clarified the distinction between inquest proceedings and investigation of cognizable offences, emphasizing that the registration of a case for investigation can be justified even during th....
High Court under Section 482 CrPC cannot quash proceedings where specific allegations of cruelty, dowry demands, assaults and harassment prima facie constitute offences; no evidence appreciation at t....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
