RAMA DEVI versus STATE OF BIHAR AND ORS.

RAMA DEVI versus STATE OF BIHAR AND ORS.

No link or evidence established between alleged prior sales and appellant. No intention to cheat or defraud respondent proved. Complaint is an attempt to pressurize appellant; proceedings and complaint are quashed.

Parties
Appellant: Rama Devi; Respondent: State of Bihar; Respondent: Birendra Kumar Sinha; Respondent: Amit Pawan
Jurisdiction
India
Judgment Date
14 September 2010
Procedural Posture
Criminal Appeal / Appeal Against Order Dismissing Petition for Quashing of Complaint Under Section 482 Cr.p.c.
Outcome
Appeal allowed; complaint and proceedings quashed.
Legal Topics
Quashing of Complaint, Cheating, Conspiracy, Sections 406, 420, 465, 468, 120 B IPC, Code of Criminal Procedure Section 482
Criminal Law Quashing of Complaint Cheating Conspiracy Sections 406, 420, 465, 468, 120 B IPC Code of Criminal Procedure Section 482

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rama Devi

Appellant

State of Bihar

Respondent

Birendra Kumar Sinha

Respondent

Amit Pawan

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Order Dismissing Petition for Quashing of Complaint Under Section 482 Cr.p.c.

Legal Issues

  1. 1 Whether complaint and proceedings alleging cheating and conspiracy under IPC Sections 406, 420, 465, 468, 120-B should be quashed under Section 482 Cr.P.C.
  2. 2 Whether link was established between appellant and alleged prior sales to sustain criminal charges

Ratio Decidendi

No link or evidence established between alleged prior sales and appellant. No intention to cheat or defraud respondent proved. Complaint is an attempt to pressurize appellant; proceedings and complaint are quashed.

Court Disposition

Appeal allowed; complaint and proceedings quashed.

Orders

  • Order passed by Patna High Court in Crl. Misc. No.19975 of 2006 set aside.
  • Complaint Case No.3714C of 2005 and proceedings before Sub-Divisional Judicial Magistrate, Patna quashed.