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2015 Supreme(SC) 870

DIPAK MISRA, PRAFULLA C.PANT
State, Rep. by Inspector of Police Central Crime Branch – Appellant
Versus
R. Vasanthi Stanley – Respondent


JUDGMENT

Dipak Misra, J.

The seminal issues that emanate for consideration, unequivocally on the bedrock of fiscal sanctity and decidedly on the plinth of prevalent mindset of borrowers from public financial institutions including banks, are whether a borrower or borrowers after availing finance by creating mortgage on the base of certain documents which, as alleged, are forged, and ingeniously adopt the same modus operandi to avail the benefit from number of banks, who in due course facing the problem set the criminal law in motion by lodging different FIRs and in the ultimate eventuate in an adroit manner enter into settlements and pay the amount and thereafter, knock at the doors of the High Court seeking exercise of inherent jurisdiction under Section 482 of the Code of Criminal Procedure (CrPC) or the extraordinary jurisdiction under Article 226 of the Constitution for quashment of the criminal proceedings; and should the High Court on the foundation that the continuance of the criminal proceedings would be a Sisyphean endeavour after the settlement has taken place to quash the same; and further whether a former Assistant Commissioner of Commercial Taxes can be allowed to adv


























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