Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Complaint quashing |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - s.482 - Criminal proceeding u/s. 420 IPC against respondents-accused - Complaint alleging that respondent No. 1 and 2 entered into agreement to sell a piece of land to them, showing themselves to be exclusive owners of the land - Whereas they had shown the same land as open land for parking in their application which they had filed with co-sharers seeking permission for construction of Club House -(Proceedings quashed by High Court on the ground that in the application seeking permission to raise Club House, their signatures were forged - On appeal, held: There is sufficient evidence to show that respondent Nos. 1 and 2 were not exclusive owners of the property in dispute and that in the application for permission to construct Club House, the disputed land was .shown as open land for parking - Their plea of forged signatures is not acceptable because the plea was not raised earlier, nor was there any complaint in this regard made either before Police or Court - The case involves large number of disputed questions of fact - Therefore, High Court could not have quashed the proceedings - Penal Code, 1860 - s. 420. |
Judge | N/A |
Neutral Citation | 2013 INSC 843 |
Petitioner | Ashfaq Ahmed Quereshi & Anr. |
Respondent | Namrata Chopra & Ors. |
SCR | [2013] 17 S.C.R. 255 |
Judgement Date | 2013-12-17 |
Case Number | 2100 |
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