Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Art. 226 – Writ petition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India: Art. 226 – Writ petition – For quashing FIR u/ss. 420/406 IPC – Pursuant to termination of contract of distributorship of the complainant, the manufacturing company demanded outstanding amount due on the complainant – Cheque issued by the complainant for the outstanding amount was dishonoured and case u/s. 138 of NI Act pending – Complaint alleging misappropriation of funds against one of the officers of the manufacturing company resulted in negative final police report – Another complaint of complainant u/s. 156(3) Cr.P.C against officers of the Company (appellants) pending before the Court – After a period of about 2 years, impugned FIR u/ss. 406/420 IPC by the complainant against the appellants (offices of the Company) – Petition u/Art. 226, seeking quashing of the FIR – Refused by High Court – Appeal to Supreme Court – Held: There is no bar to lodge an FIR with the same allegations and averments on which earlier complaint case was filed – Therefore lodging of the previous complaint u/s. 156(3) Cr.P.C which is pending, would not effect maintainability of the impugned FIR – However, if the subsequent FIR is found to be abuse of process of law in order to harass the accused, the same can be quashed in exercise of powers u/Art. 226 or s. 482 of Cr.P.C. in exercise of its inherent powers – The facts of the present case show that the impugned FIR is an abuse of process of law with a view to harass the accused – Therefore, High Court ought to have quashed the same to secure the ends of justice – Code of Criminal Procedure, 1973 – s. 482. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2021 INSC 132 |
Petitioner | Kapil Agarwal And Others |
Respondent | Sanjay Sharma And Others |
SCR | [2021] 2 S.C.R. 145 |
Judgement Date | 2021-03-01 |
Case Number | 142 |
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