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Supreme Court of India 2021-07-20 dismissed

A.P. Mahesh Co-operative Urban Bank Shareholders Welfare Association vs Ramesh Kumar Bung and Ors

Bench: 2 — V. Ramasubramanian

In Brief

A co-operative bank shareholders' association filed criminal complaints alleging loan fraud and voter fraud against three bank officials following disputed elections in December 2020. After the election results were declared by court order, the accused sought to quash the criminal complaints. The High Court granted interim stay of all proceedings, finding the criminal allegations were a tactical weaponization of law to pressurize the accused after civil remedies failed. The Supreme Court dismissed the petitioner's challenge, holding that conversion of an election dispute into criminal prosecution with ulterior motive constitutes abuse of process, and that the ballot's supremacy cannot be sabotaged by misuse of police authority.

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Criminal Law Criminal Procedure Election Law Co-operative Societies Abuse of Process Election Dispute

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