Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administration of justice - Abuse of process of law - FIR alleging that the complainant had been fraudulently induced to part with Rs 2. 74 crores by way of investment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Administration of justice - Abuse of process of law - FIR alleging that the complainant had been fraudulently induced to part with Rs 2.74 crores by way of investment - Pursuant thereto, offences registered under various provisions of IPC and uls. 3, MPID Act, 1999 - Respondent arrested but granted bail in terms of the undertaking filed by him - His bank accounts attached u/s.102, CrPC - Application by respondent before Division Bench in High Court praying for quashing of FIR and de-freezing his bank accounts, subsequently withdrawn - Application by respondent before Single Judge in High Court for de-freezing his bank accounts - Single Judge directed lifting of the restraint on the operation of bank accounts of the respondent - Plea of appellant-State that as the respondent withdrew his application before the Division Bench, it was an abuse of process to seek and obtain similar relief before Single Judge - Held: On facts, the filing of application before Single Judge for quashing the FIR and for de-freezing the bank accounts constituted a manifest abuse of process - Single Judge was not apprised of the fact that the earlier application seeking virtually the same relief had not been pressed before the Division Bench and had been withdrawn - Order of Single Judge set aside - Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999- ss.3, 4, 5, 7 and 14 - Code of Criminal Procedure, 1973 - ss.102, 482 - Penal Code, 1860 - ss. 406, 420, 506 and 120B. Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 - ss. 4, 5, 7 and 14 - Overriding power - Effect of - FIR alleging that respondent fraudulently induced the complainant to part with Rs 2.74 crores by way of an investment - Pursuant thereto, offences registered under various provisions of IPC and u/s. 3, MPID Act, 1999 - Bank accounts of respondent attached uls.102, CrPC - Whether bank accounts of The respondent could have been frozen by taking recourse to the provisions of Cr PC notwithstanding the special provisions contained in the MPJD Act - Held: In terms of the view taken in the present case, it is not necessary to address the said question of law - Code Of Criminal Procedure, 1973 - s.102. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2017 INSC 871 |
Petitioner | State Of Maharashtra |
Respondent | Avinash |
SCR | [2017] 8 S.C.R. 896 |
Judgement Date | 2017-09-07 |
Case Number | 1580 |
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