Agreement to sell - which had been sold prior to agreement - law permits victim to take proceeding both civil and criminal against wrong doer
Citation
CDJ 2019 SC 1192
Lakshmanan vs state of Karnataka and other
Head note
Criminal Procedure Code, 1973 – Section 482 – Indian Penal Code, 1860 – Validity of Order – These criminal appeals are filed by complainant, aggrieved by judgment and order passed by High Court by which, High Court has allowed petitions filed by respondents-accused under Section 482 of Cr.P.C. and quashed complaint directing Police Station to investigate matter.
Court held – High Court has committed error in allowing petitions filed under Section 482, Cr.P.C. by respondents-accused – common order passed by High Court of is set aside – It is made clear that findings recorded in this judgment are confined only for these appeals and same cannot be construed as an expression of opinion on merits of matter and it is open for the trial court to proceed in accordance with law and decide complaints on their own merits – Appeal allowed.
(Para: 11)
Cases Referred:
Inder Mohan Goswami and Anr. vs. State of Uttaranchal and Ors, 2007 (12) Scale 15
S.W. Palanitkar and Ors. vs. State of Bihar and Anr, (2002) 1 SCC 241
Anil Mahajan vs. Bhor Industries Ltd. and Anr, (2005) 10 SCC 228
Comparative Citations:
2019 (9) SCC 677, 2019 (3) SCC(Cr) 760, 2019 (2) OLR 1091, 2019 (14) Scale 79, 2019 (4) MLJ(Crl) 435, 2019 All SCR(Crl) 2227, 2020 (1) BC 74,
Court held – High Court has committed error in allowing petitions filed under Section 482, Cr.P.C. by respondents-accused – common order passed by High Court of is set aside – It is made clear that findings recorded in this judgment are confined only for these appeals and same cannot be construed as an expression of opinion on merits of matter and it is open for the trial court to proceed in accordance with law and decide complaints on their own merits – Appeal allowed.
(Para: 11)
Cases Referred:
Inder Mohan Goswami and Anr. vs. State of Uttaranchal and Ors, 2007 (12) Scale 15
S.W. Palanitkar and Ors. vs. State of Bihar and Anr, (2002) 1 SCC 241
Anil Mahajan vs. Bhor Industries Ltd. and Anr, (2005) 10 SCC 228
Comparative Citations:
2019 (9) SCC 677, 2019 (3) SCC(Cr) 760, 2019 (2) OLR 1091, 2019 (14) Scale 79, 2019 (4) MLJ(Crl) 435, 2019 All SCR(Crl) 2227, 2020 (1) BC 74,
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