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SANDEEP KUMAR
Shipra Roy D/o Shri Brajdeo Prasad Ray – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
SANDEEP KUMAR, J.
1. This application has been filed for quashing the First Information Report bearing Patrakar Nagar P.S. Case No. 466 of 2018 registered for the offence under Sections 406 and 420 of the Indian Penal Code.
2. As per the prosecution case, the informant namely, Arvind Kumar Chaudhary has taken a loan of Rs.40,00,000/-from the Punjab National Bank, Branch-New Market, Patna but, the Bank without proper communication and without following due process, made an auction of the house of the informant. It has also been alleged that the informant made an application before the D.R.T., Patna but despite their being several order, the Bank has not submitted the documents. It has also been alleged that the bank has claimed the possession of the property in question but the real fact is that the mother of the informant and other tenants are living for last 10-15 years in the large area of the property. It has also been alleged that the auction purchaser i.e. petitioner through staff and unknown persons used to threaten the mother and other tenants of the informant on phone. On enquiry from the tenants, he was informed that Sanjay Yadav and Kunal, employees of the petitio
The judgment establishes that FIRs filed with malicious intent, particularly by borrowers who have lost property through lawful auction processes, can be quashed to prevent abuse of the judicial syst....
Criminal proceedings cannot be initiated to challenge actions taken under the SARFAESI Act, as it undermines the exclusive jurisdiction of the Debt Recovery Tribunal.
The SARFAESI Act provides a complete legal framework for secured creditors, ensuring that their actions are protected when conducted in good faith, and establishes that criminal proceedings cannot be....
The main legal point established in the judgment is that the protection provided under Section 32 of the SARFAESI Act, 2002 can be invoked to quash criminal proceedings when the actions are taken in ....
Bank officers are protected from criminal liability for actions taken in good faith under the SARFAESI Act, specifically under Section 32, which applies to statutory actions related to the enforcemen....
The High Court should not quash an FIR under Section 482 Cr.P.C. if the allegations prima facie disclose a cognizable offence, as the investigation process should not be prematurely stifled before th....
The SARFAESI Act mandates exhausting statutory remedies before seeking extraordinary relief under Article 226; procedural compliance is essential, and the auction process cannot be set aside absent s....
The Court emphasized that the power to quash criminal proceedings should be exercised sparingly and only in exceptional cases, and that the Court should not inquire about the reliability or genuinene....
The court held that misrepresentation in a land sale transaction constituted cheating under Section 318(4) of BNS, and the FIR could not be quashed as it disclosed a cognizable offence.
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