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K. BABU
V. Subramanian – Appellant
Versus
Union of India – Respondent
JUDGMENT :
K. BABU, J.
The petitioner, accused No.6 in SC No. 35 of 2007 on the file of the Additional Sessions Court -III, Ernakulam, seeks to quash the summons dated 12.02.2017 and all further proceedings.
Prosecution Case
2. During 1998-1999, accused Nos. 1 to 3 hatched a criminal conspiracy to cheat Canara Bank, Overseas Branch Ernakulam by availing credit facilities worth Rupees Thirty Lakhs in Packing Credit Limit and Rupees Fifty Lakhs in FDB limits in the name of M/s Dharaja Ventures Private Limited using false and forged documents relating to land not in existence as collateral security. In furtherance of the criminal conspiracy, accused No.3 contacted accused No.4 to arrange forged documents. Accused No.4 approached accused No.5 to prepare those documents, who accordingly prepared a sale deed, Patta, Pass Books, Chittas, Adangal Extract, three Encumbrance Certificates, Tax Receipts, Possession Certificates, etc. for a property measuring 48.58 Acres in Sy.Nos. 50, 67 and 68 of Suriyur Village, Thiruchirappally District, Tamil Nadu. Accused No.4, thereafter, approached the Panel Advocate of Canara Bank, Trichy Branch, for legal opinion based on the forged documents, making
The CBI has jurisdiction to investigate non-PC Act offences connected to PC Act offences, and the Chief Judicial Magistrate must commit cases for trial to the Sessions Court when a pardon is accepted....
(1) Offence under Prevention of Corruption Act is a substantive offence.(2) Merely because offence of conspiracy may be involved, investigation into substantive offence which is cognizable is not req....
The court emphasized the need for investigation into the allegations and the premature nature of the petition for quashing.
The court clarified that the CBI had jurisdiction to investigate the case without specific consent under Section 6 of the DSPE Act and that the lack of specific consent did not result in a miscarriag....
Lack of sanction for prosecution is not always fatal to case of prosecution.
Investigation proceedings remain valid despite procedural defects if sufficient substantive evidence supports charges, emphasizing the necessity of proper police authorization and hierarchical compli....
A legitimate prosecution cannot be stifled under Section 482 Cr.P.C., and the complainant had locus standi to set the law in motion.
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