Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Section 197 482 CrPC Quashing of proceedings Electricity Board |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: ss.197, 482 - Quashing of proceedings - Tender invited by Electricity Board - Tender application of respondent rejected after obtaining performance report/certificate issued by appellant no.2, the Chief Engineer - Suit filed against the Electricity Board challenging rejection of his application - Suit withdrawn - Respondent filed writ petition which was a/so dismissed and D SLP there against also dismissed Respondent filed complaint u/ss. 120B, 468, 420 and 500 against appellants that certificate was false and forged - Issuance of summons - High Court refusing to quash the proceedings on the ground that though the appellants are public servants, the alleged offences committed by them were not in discharge of their normal duties and hence s.197 was not attracted - Held: Rejection of tender was in furtherance of and in discharge of the official duties by the appellant - Action of the respondent in filing the criminal complaint was not bonafide and amounted to misuse F and abuse of the process of law - The allegations of fabricating the records were mischievously made as an afterthought just to give colour of criminality to a civil case - High Court ought to have quashed the proceedings in exercise of its inherent powers u/s.482. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2014 INSC 717 |
Petitioner | Rajib Ranjan & Ors. |
Respondent | R. Vijaykumar |
SCR | [2014] 10 S.C.R. 982 |
Judgement Date | 2014-10-14 |
Case Number | 729-732 |
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