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Supreme Court of India 2019-10-21 allowed

M. SRIKANTH vs THE STATE OF TELANGANA

Bench: 2 — Navin Sinha, B.R. Gavai

In Brief

M. Srikanth, accused No. 4, sought to quash criminal proceedings filed against him in a property dispute case. The complainant alleged that her brother (Accused No. 1) had forged a will and created false documents to claim ownership of inherited property, and had fraudulently leased the property to Srikanth. The Supreme Court held that Srikanth, who merely executed the lease deed based on documents created by another, could not be prosecuted for the alleged forgery. The Court noted that disputes over will validity and inheritance were civil matters with pending civil suits, not suitable for criminal prosecution. Finding no material against Srikanth when allegations were taken at face value, the Court allowed his appeal and quashed proceedings against him, finding their continuation would constitute an abuse of process.

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Criminal Procedure Quashing of Proceedings Forgery and Fabrication Property Dispute Inheritance Abuse of Process Civil and Criminal Jurisdiction

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