Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 |
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 - s. 482 - Scope of Criminal proceeding u/ss. 406, 420 and 424 r/w s. 34 /PC - Against nine accused - Some of the accused (family c members/relatives of prime accused) filing petition for quashing of proceedings - Rejected by High ,Court - On appeal, held: When prosecution is sought to be quashed at initial stage, test to be applied is whether the uncontroverted allegations in the complaint prima facie establish the offence On facts, no prima facie case made out against petitioners as no specific role ascribed to them - Proceedings against them quashed - Penal Code, 1860 - ss. 406, 420, 424 r/w s. 34. Accused No. 1 was the sole proprietor of a rice mill. As his business declined,ยท he owed debts to Banks, financial institutions and to public. He filed an insolvency petition. Several representations were made, making allegations against accused No. 1 and his family members. The representations were endorsed to police for investigation. Respondents-paddy suppliers also lodged report against accused No. 1 and his family members and relatives (including appellants-accused Nos. 2-3 and 6-8) for offences punishable u/ss. 406 and 420 r/w s. 34 IPC. Police filed charge-sheet u/ss. 406, 420 and 424 r/w s. 34 IPC. Appellants-accused filed petition u/s. 482 Cr.P'.c., seeking quashing of criminal complaint and charge-sheet. The petition was dismissed by High Court. Hence the present appeals. |
Judge | Hon'ble Mr. Justice Mukundakam Sharma |
Neutral Citation | 2009 INSC 403 |
Petitioner | Chunduru Siva Ram Krishna And Anr. |
Respondent | Peddi Ravindra Babu And Anr. |
SCR | [2009] 4 S.C.R. 1129 |
Judgement Date | 2009-03-25 |
Case Number | 549 |
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