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Supreme Court of India 2023-03-17 dismissed

Bench: 2 — Dinesh Maheshwari, Bela M. Trivedi

In Brief

The Syro Malabar Church complained that its Archbishop allegedly conspired to fraudulently sell church properties. A complainant filed criminal complaints in magistrate court alleging conspiracy and criminal breach of trust under the Indian Penal Code. The trial court issued summons on some charges, rejected others. Higher courts upheld the summons. The Supreme Court held that a prior dismissal doesn't bar a fresh complaint if filed in new circumstances, and that the magistrate properly scrutinized the allegations. The Court annulled excessive directions issued by the High Court regarding government land inquiries that went beyond the scope of the case.

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Criminal Procedure Criminal Conspiracy Cognizance Complaints Judicial Review Ecclesiastical Law Misuse of Authority

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