AJAY KUMAR DAS versus STATE OF JHARKHAND & ANR.

AJAY KUMAR DAS versus STATE OF JHARKHAND & ANR.

Allegations in the FIR and complaint are sufficient to proceed against the appellant under Section 304-B and Section 34 IPC; at this stage, no case is made out for quashing criminal proceedings; defence may be raised at the stage of framing charges.

Parties
Appellant: Ajay Kumar Das; Respondent: State of Jharkhand; Respondent: Amrendra Kr. Choubey
Jurisdiction
India
Judgment Date
06 September 2011
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Refusing to Quash Criminal Proceedings
Outcome
Appeal dismissed
Legal Topics
Dowry Death, Quashing of Proceedings, Section 482 Cr PC
Criminal Law Dowry Death Quashing of Proceedings Section 482 Cr PC

Case Brief

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Parties

Ajay Kumar Das

Appellant

State of Jharkhand

Respondent

Amrendra Kr. Choubey

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Refusing to Quash Criminal Proceedings

Legal Issues

  1. 1 Whether criminal proceedings under Section 304-B read with Section 34 IPC can be quashed against the appellant-husband under Section 482 CrPC
  2. 2 Whether the allegations in FIR and complaint disclose a prima facie case against the appellant

Ratio Decidendi

Allegations in the FIR and complaint are sufficient to proceed against the appellant under Section 304-B and Section 34 IPC; at this stage, no case is made out for quashing criminal proceedings; defence may be raised at the stage of framing charges.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Liberty granted to appellant to raise defence at stage of framing charge