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SAURABH SHYAM SHAMSHERY
Meraj Ali – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Applicants are facing trial arising out of First Information Report dated 17.07.1999, being Case Crime No. 438 of 1999 for allegedly committing offences under Sections 420, 467, 468 IPC. After investigation charge sheet was filed on 18.11.2000 and cognizance was also taken. The applicants filed an application for discharge under Section 239 Cr.P.C. on 23.12.2021 which has been rejected by means of impugned order dated 09.03.2022.
2. Facts of the present case are that an election of Society, namely, “All India Muslim and Rehabilitation Education Society, Aligarh” was conducted on 15.03.1998 and applicants and others were declared office bearers of Society and Opposite Party No. 2 and others were defeated.
3. Dispute arose between elected and defeated office bearers of Society which led to filing a civil suit by applicants on 03.11.1998 against Opposite Party No. 2/ Complainant for permanent prohibitory injunction against Opposite Party No. 2 and its agents, servants, friends and associates, to restrain them for interfering in the functioning and management of plaintiffs (applicants herein). Opposite Party No. 2 (defendant in suit) initially not appeared in suit proceedi
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 relevance of civil court findings in criminal proceedings and the principle of mis-describing an offence under Section 195 of the Cr.P.C.
The main legal point established in the judgment is that the court can exercise jurisdiction under Section 482 of Cr.P.C. to quash criminal proceedings if they are an abuse of process and the dispute....
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....
The court emphasized that successive FIRs regarding the same incident are impermissible and quashed the FIR based on concealment of previous complaints and forum shopping, affirming the requirement o....
The main legal point established is that criminal proceedings should not be used as a tool for harassment in civil disputes, and the inherent power under Section 482 Cr.P.C. should be used to prevent....
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....
The main legal point established in the judgment is the maintainability of a 482 application against the rejection of a discharge application and framing of charges, as well as the limitations on fil....
The main legal point established in the judgment is that the court should not interfere with the rejection of a discharge petition unless there is inherent perversity in the lower court's findings.
An election petition without material facts relating to a corrupt practice is not valid, and once the charge of corrupt practice fails, the election petition is rendered infructuous due to the end of....
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