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IN THE HIGH COURT OF JUDICATURE AT PATNA
SHAILENDRA SINGH
Rita Kumari W/o Shri Vijay Kumar Singh at present The Branch Manager State Bank of India, Anjanpir Branch, Hazipur Vaishali – Appellant
Versus
State Of Bihar – Respondent
| Table of Content |
|---|
| 1. allegations against petitioner are based on suspicion. (Para 5) |
| 2. contrasting arguments on petitioner's involvement. (Para 6 , 7) |
| 3. petitioner's role not demonstrated; proceeding quashed. (Para 8 , 9) |
| 4. direction for grievance redressal issued to o.p. no.2. (Para 10 , 11) |
ORAL ORDER
2. It is submitted by the petitioner’s counsel that the instant Cr. Misc. petition has been filed with a prayer to quash the order dated 30.04.2016 passed by learned Chief Judicial Magistrate, Vaishali at Hajipur in Complaint Case No. 3411 of 2015 whereby cognizance of the alleged offences has been taken and after filing of the petition, the petitioner realised that in view of the nature of the allegation, the entire criminal proceeding should be quashed and therefore, by way of this I.A., the petitioner has made a prayer to quash the entire criminal proceeding in connection with Complaint Case No. 3411 of 2015 by adding the said additional prayer in the main petition.
4. Having heard both the sides, this Court allows the prayer of the petitioner made in paragraph No. 1 of the instant I.A.
5. This application under section 482 of the Code of Criminal Procedure ( in short ‘CrPC’) has been
Suspicion alone is insufficient for criminal proceedings; there must be credible evidence to support allegations to prevent abuse of legal process.
The court quashed the criminal proceedings against the bank manager, finding the allegations to be malicious and an abuse of process, emphasizing the principle of double jeopardy.
The central legal point established in the judgment is the court's authority to exercise inherent powers under Section 482 of the Code to quash criminal proceedings when the material produced by the ....
Settlement of monetary disputes does not automatically justify the quashing of criminal proceedings in cases involving serious allegations of criminality.
Merely because some of persons who might have committed offences are not charge-sheeted, cannot be a ground to quash proceedings against accused charge-sheeted after having found prima facie case aga....
Exercise of inherent jurisdiction – Stage and timing of settlement play a crucial role in determination as to whether to exercise power under Section 482 of Cr.P.C. 1973 or not.
One Time Settlement can quash criminal proceedings in cases lacking evidence of fraud or forgery.
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