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Supreme Court of India 2018-01-05 partly_allowed

Dineshbhai Chandubhai Patel vs State of Gujarat & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

Six members of the Rathore family complained that Dineshbhai Chandubhai Patel and others had fraudulently transferred their valuable land in Surat through bogus power of attorney documents and forged signatures. An FIR was registered for offences including cheating, forgery, and criminal conspiracy. The High Court partly quashed the FIR, finding prima facie cognizable offences in some charges but none in others. The Supreme Court reversed, holding that when an FIR discloses prima facie cognizable offences, courts should not partially quash it based on detailed factual examination. The Court allowed complainants' appeals and dismissed accused persons' appeals, directing full investigation without judicial interference.

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Criminal Procedure FIR and Investigations Inherent Jurisdiction High Court Powers Prima Facie Case

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