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SUBODH ABHYANKAR
Raghvendra Kumar – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. factual basis of the case and charges. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding the legitimacy of the charges. (Para 5 , 6 , 9 , 10) |
| 3. court's observations on evidence and delay. (Para 12 , 13 , 14 , 15 , 18 , 19 , 21) |
| 4. legal reasoning regarding misuse of court process. (Para 20 , 22 , 24) |
| 5. final order allowing the revisions. (Para 26) |
ORDER :
Subodh Abhyankar, J.
1. This order shall also govern the disposal of Criminal Revision Nos. 3036/2023 and 142/2023 as both the revisions have arisen out of the order dated 19-10-2022 of framing of charges under sections 420, 467, 468, 471, 409, 201 and 120-B of the INDIAN PENAL CODE in connection with offence relating to FIR bearing Crime No. 438/2021 registered at P. S. Kanwan, District Dhar (M. P.), which was lodged on 16-8-2021, in respect of the incident which took place on 13-1-2014.
2. In brief, the story of the prosecution is that the petitioner Raghvendra Kumar Sinha happens to be the husband of the complainant Binita Kumari, as their marriage was solemnized in the year 2009, when both of them were working in the Bank of India. In her FIR dated 16-8-2021 it is alleged by the complainant wife that on 13-1-2014, a s
Claims of financial misconduct made after significant delays raise doubts about their legitimacy, especially in domestic disputes.
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
The Court reiterated that the inherent power under Section 482 CrPC should be exercised sparingly, carefully and with great caution, and only when such exercise is justified by the tests specifically....
Civil and criminal proceedings can coexist; criminality in FIR justifies cognizance despite ongoing civil disputes.
Direction for Police investigation – Order of Magistrate should reflect that he has applied his mind to facts of case and law applicable to and it has to examine nature of allegations made in complai....
Redundant criminal proceedings should not be allowed to continue.
The prosecution cannot proceed where allegations reflect a civil dispute and lack evidence of criminal conduct, as per principles from SC/ST Act precedents.
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