SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(SC) 1453

INDIRA BANERJEE, A. S. BOPANNA
Jagmohan Singh – Appellant
Versus
Vimlesh Kumar – Respondent


Advocates appeared:
Mr. Mukesh Giri, Advocate, Mr. Pushkar Sharma, Advocate, Mr. Prashant Shukla, Advocate, Mr. Suyash Srivastava, Advocate, Mr. Sudhir Naagar, Advocate, For the Appellant / Mr. Ankit Goel, Advocate, Mr. Ambuj Ojha, Advocate, Mr. Satyajeet Kumar, Advocate, For the Respondent.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The Supreme Court emphasized that the power to interfere in criminal proceedings under Section 482 of the Cr.P.C. should be exercised sparingly and only in rare and exceptional cases to prevent abuse of the court's process or to secure justice (!) .

  2. The case involved allegations of forgery related to a will, under various sections of the Indian Penal Code, and the Court allowed the appeal against the High Court's order which had quashed the FIR. The Court held that the allegations in the FIR disclosed an offense, and the question of guilt or innocence should be decided through a trial (!) .

  3. The Court clarified that initiating a civil suit to establish the genuineness of a will does not bar the accused from initiating criminal proceedings on the grounds that the will is forged or fabricated (!) .

  4. The High Court erred in quashing the FIR solely because the civil suit had been filed or because the complainant had not challenged the will's genuineness in a court of law, as this does not preclude criminal proceedings related to the forgery (!) .

  5. The Court highlighted that interference under Section 482 should only occur when the allegations do not disclose any offense or when proceedings are manifestly in abuse of the court process. In this case, the allegations did disclose an offense warranting further investigation (!) (!) .

  6. The Court noted that the burden to establish the genuineness of a will in a civil suit does not prevent the initiation of criminal proceedings on the contention that the will is forged or fabricated (!) .

  7. The Supreme Court set aside the impugned order of the High Court quashing the FIR and allowed the appeal, emphasizing that criminal proceedings should be permitted to proceed when allegations disclose a prima facie offense (!) (!) .

  8. The decision underscores the principle that criminal and civil proceedings are distinct, and the initiation of one does not necessarily impede the other, especially in cases involving allegations of forgery or fraud (!) .

Please let me know if you'd like a more detailed analysis or specific legal implications.


JUDGMENT

Indira Banerjee, J. - Leave granted.

2. This appeal is against a judgment and order dated 01.09.2021, whereby, the High Court of Judicature at Allahabad has allowed Criminal Miscellaneous Writ Petition No. 5975/2021 and quashed the the FIR dated 27.03.2021 registered as Crime Case No. 0161/2021 under Sections 419,420, 467, 468, 471, 504 and 506 of the Indian Penal Code at Kotwali Chhibramau, District-Kannauj, Uttar Pradesh.

3. The Criminal Case/FIR has been quashed in exercise of the power under Section 482 of the Cr.P.C. A copy of the FIR is included in the paperbook.

4. In the FIR it is stated that the accused-respondents abricated and forged a will of deceased Ram Swaroop, S/o Mathura Prasad and forged the signatures of Ram Swaroop on stolen stamp papers.

5. When this fact came to the knowledge of the complainant and to the knowledge of Sunderpal, he made enquiries from the accusedrespondent, Vimlesh Kumar and his brothers, who used abusive language and admitted to having forged the will.

6. At this stage, we are not inclined to look into the correctness of the allegations made in the FIR. Ex-facie, the allegations in the FIR disclose an offence. Whether the persons named in

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top