RAM SWAROOP SINHA vs THE STATE OF JHARKHAND Advocate - ABHAY KR TIWARI — Cr.M.P./4568/2022

Case under An Application U/s 482 of the Code of Criminal Procedure, 1973 Section 406,420,IPC. Disposed: Contested--Allowed on 05th May 2026.

CNR: JHHC010435272022

CASE DISPOSED

Filing Number

Cr.M.P./33838/2022

Filing Date

13-12-2022

Registration No

Cr.M.P./4568/2022

Registration Date

17-12-2022

Judge

HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

Coram

HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

Bench Type

Single Bench

Category

Quashing Matter ( 206 )

Sub-Category

Quashing of Order ( 6 )

Judicial Branch

Criminal Section

Decision Date

05th May 2026

Nature of Disposal

Contested--Allowed

Acts & Sections

An Application U/s 482 of the Code of Criminal Procedure, 1973 Section 406,420,IPC

Petitioner(s)

RAM SWAROOP SINHA

Adv. PANDEY A. N. ROY,KAVITA KUMARI,KAVITA KUMARI, ,KAVITA KUMARI

Respondent(s)

THE STATE OF JHARKHAND Advocate - ABHAY KR TIWARI

Hearing History

Judge: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

20-01-2023

LAWAZIMA

15-10-2025

Admission

08-10-2025

Admission

24-09-2025

Admission

30-08-2023

Fresh Filing (Admission)

Orders

05-05-2026
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

The Jharkhand High Court allowed Ram Swaroop Sinha's petition to quash criminal proceedings against him for alleged criminal breach of trust (IPC §406) and cheating (IPC §420). The court held that mere non-repayment of a ₹3,00,000 loan to a friend lacks the essential elements of these offences—specifically, the requisite mens rea (dishonest intention from transaction inception) and proof of dishonest misappropriation. Accordingly, the entire case was quashed as an abuse of process. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

The Jharkhand High Court allowed Ram Swaroop Sinha's petition to quash criminal proceedings against him for alleged criminal breach of trust (IPC §406) and cheating (IPC §420). The court held that mere non-repayment of a ₹3,00,000 loan to a friend lacks the essential elements of these offences—specifically, the requisite mens rea (dishonest intention from transaction inception) and proof of dishonest misappropriation. Accordingly, the entire case was quashed as an abuse of process. This case analysis is maintained by casestatus.in based on publicly available court records.

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