Back
ANIRUDDHA BOSE, SANJAY KUMAR
Vipin Sahni – Appellant
Versus
Central Bureau of Investigation – Respondent
JUDGMENT :
SANJAY KUMAR, J
1. Leave granted.
2. Exercising power under Section 239 Cr.P.C, the learned Special Judicial Magistrate, CBI Court, Ghaziabad, discharged the appellants herein of a charge under Sections 420 and 120B IPC, vide order dated 31.08.2019 in Case No. 456 of 2012 arising out of RC-219 2011 (E) 0016 registered on the file of Police Station CBI, EO-1, New Delhi. Aggrieved thereby, the Central Bureau of Investigation (for short, ‘CBI’) approached the High Court of Judicature at Allahabad, under Section 482 Cr.P.C, by way of Application U/S 482 No. 11426 of 2021. By order dated 20.01.2023 passed therein, the High Court set aside the discharge order and directed the learned Magistrate to proceed with the case against the appellants. Assailing the said order, they are before this Court.
3. The appellants had established Sunshine Educational and Development Society, NOIDA, Uttar Pradesh, and registered it under the Societies Registration Act in the year 2004. The aims and objectives of this Society, inter alia, included propagation of technical education. Appellant No. 1 was the Chairman of the said Society while his wife, viz., appellant No. 2, was its Secretary. In Septe
|
In the event a revision is lawfully instituted before High Court but same is thereafter found to be not maintainable on some other ground, it would be open to High Court to treat the same as a petiti....
Criminal process cannot be utilized for any oblique purpose – Court should quash those criminal cases where chances of an ultimate conviction are bleak and no useful purpose is likely to be served by....
To establish an offence under Section 420 IPC, fraudulent intent must be shown; mere verification of a false affidavit without intent does not constitute cheating.
The court affirmed that a party only involved in a civil contract cannot face criminal liability unless it directly transacted or misappropriated funds, supporting the need for a clear distinction be....
At the discharge stage, the court must assume prosecution evidence is true and evaluate if it discloses necessary elements of the alleged offence, not the merits of the case.
The court ruled that the absence of dishonest intention in the allegations against the petitioners justified quashing the criminal proceedings under Section 482 of Cr.P.C.
The main legal point established in the judgment is that criminal proceedings can be quashed if they are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wrea....
The deliberate suppression of information to secure employment constitutes cheating under Section 420 of the IPC, emphasizing the importance of fraudulent intention and deliberate deception in establ....
Point of Law : Allegations made in complaint disclose commission of a cognizable offence and those allegations have found support in statements recorded under Sections 200 and 202 Cr.P.C. on the basi....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
