Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Cheating Excise Auction Quashing |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973 - s.482 - Exciseauction - Liquor contract awarded to partnership firm -Complaint made by respondent no. 1 that while negotiatingand accepting the contract, partnership deed dated 5.3.2002was utilised, wherein respondent no. 1 had also invested ahuge amount, but the said deed was subsequently replacedby a forged/fabricated deed dated 6.3.2003 in whichrespondent no. 1 was not a partner - Magistrate registeredcase against appellant-District Excise Officer and two othersu/ss.420 and 120-8 - Application filed by appellant u/s.482CrPC for quashing of the complaint - Dismissed by HighCourt - Propriety - Held: Proper - Serious allegations ofcheating by replacing the partnership deed dated 5.3.2002 bya forged partnership deed dated 6.3.2003 with the connivanceof the appellant and other officers in his office were made -Particulars were furnished to establish that the partnershipdeed dated 6. 3. 2003 was a forged document - Reportssubmitted by the Addi. Excise Commissioner and the DeputyCommissioner of Excise made it evident that replacement ofpartnership deed could have not been possible without theconnivance of appellant and others - Question of delay inlodging complaint totally immaterial since all the facts cameto the notice of the complainant at a much belated stage whenthe report etc. were placed by the State Authorities before theHigh Court - For taking cognizance or issuing process in acomplaint case, the Court must have merely a prima faciesatisfaction that there is some material on record to proceed against the accused - In the instant case, the Magistrateissued process after being fully satisfied that some materialwas available on record to proceed against the appellant andothers - Penal Code, 1860 - ss. 420 and 120-8. ACode of Criminal Procedure, 1973 - s.482 - Criminalproceedings - Quashing of - Scope - Held: An investigationshould not be shut out at the threshold if the allegations havesome substance - When a prosecution at the initial stage isto be quashed, the test to be applied by the court is whetherthe uncontroverted allegations as made, prima facie establishthe offence - At this stage neither the court can embark uponan inquiry, whether the allegations in the complaint are likelyto be established by evidence or nor the court should judgethe probability, reliability or genuineness of the allegationsmade therein. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 647 |
Petitioner | Vinod Raghuvanshi |
Respondent | Ajay Arora And Ors. |
SCR | [2013] 11 S.C.R. 256 |
Judgement Date | 2013-09-23 |
Case Number | 1477 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |