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SUJANA KALASIKAM
Sukesh Gupta – Appellant
Versus
State – Respondent
ORDER :
(Sujana Kalasikam, J.)
1. This Criminal Petition is filed by the petitioner/accused No.1 (A.1) under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against him in C.C.No.7 of 2015 on the file of Principal Special Judge for CBI Cases, Hyderabad. The offences alleged against the petitioner are under Sections 120-B, 409, 420, 465, 471, 477-A of Indian Penal Code (for short 'IPC') and under Section 13 (2) r/w.13 (1) & (d) of the Prevention of Corruption Act, 1988.
2. The facts of the case are that the General Manager of the 2nd respondent-M/s.Mineral and Metal Trading Corporation (MMTC) who is the defacto complainant gave complaint alleging certain irregularities with regard to the gold transactions committed by the officials of MMTC in connivance with private persons causing wrongful loss to a tune of Rs.194.4 Crores to MMTC and alleged the following irregularities :
Criminal proceedings cannot be quashed merely due to the existence of a civil dispute; serious allegations warrant a trial to determine criminal liability.
The court ruled that prima facie evidence supports the allegations against the petitioner, affirming that inherent powers under Section 482 Cr.P.C. should be exercised cautiously and not for merit as....
Criminal conspiracy in terms of Section 120-B of the Code is an independent offence. It is punishable separately.
The offence under Sec. 3 of the PML Act is a stand-alone offence, and the finality of the adjudication proceedings and the discharge of the accused by the trial Court can impact the continuation of c....
The court ruled that the CBI lacked jurisdiction to proceed against the petitioners due to insufficient evidence linking them to the alleged crimes as transporters, not exporters.
The court affirmed that allegations of misappropriation and cheating warranted further investigation, emphasizing the High Court's limited role in assessing cognizable offences.
The absence of established intention to cheat from the beginning and the need to make the company a party in cases where a wrong has been done by the company are crucial legal principles established ....
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