Petitioner challenged quashing of criminal order alleging abuse of process of court due to pending civil disputes between parties; court set aside the order and allowed petition.
Order dated 15.02.2018 taking cognizance is set aside; petition allowed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71693 of 2018
Arising Out of PS. Case No.-195 Year-2017 Thana- BHAGALPUR KOTWALI DistrictBhagalpur
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Rajesh Jain @ Rajesh Kumar Jain son of Moti Lal Jain, resident of Anant Ram Lane, Jain Mandir Lane, Police Station- Kotwali, District- Bhagalpur.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. P.N.Shahi, Sr. Advocate Mr. Sanjeev Kumar Mr.Rajeev Shekhar For the Opposite Party/s : Mr. Ravi Shankar Pathak ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
the Code of Criminal Procedure, 1973 has been filed by the petitioner for quashing the order dated 15th February, 2018 in Kotwali P.S.Case No. 195 of 2017, whereby the learned Chief Judicial Magistrate, Bhagalpur took cognizance of the offences under Sections 341, 323, 386, 504 and 506 of the IPC and transferred the case to the court of Additional Chief Judicial Magistrate, Bhagalpur.
Patna High Court CR. MISC. No.71693 of 2018(6) dt.01-09-2023 2/3
returning after purchasing vegetables, this petitioner stopped him as to why he had not paid Rs. 20 lakhs, which he (petitioner) demanded from the complainant. The associate of the petitioner pointed pistol to the complainant and snatched Rs. 800.
Patna High Court CR. MISC. No.71693 of 2018(6) dt.01-09-2023 3/3
cognizance against the petitioner is hereby set aside.
(Nawneet Kumar Pandey, J)
HR/-
U T
3 issues framed by the court
Whether an incidental application under Section 482 CrPC is maintainable for quashing criminal proceedings arising out of a civil dispute between the parties.
Whether the proceedings below constitute an abuse of the process of the court.
What is the appropriate consequence if the proceedings are found to be an abuse of the process of the court.
1 provisions across 1 enactments
Rajesh Jain
State of Bihar
Ratan Kumar Santhalia
Nawneet Kumar Pandey
As recorded by the court registry
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