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Supreme Court of India 2019-01-22 allowed

SAU. SARASWATIBAI vs LALITABAI

Bench: 3 — A.K. Sikri, S. Abdul Nazeer, M.R. Shah

In Brief

A woman purchased a plot in 2005. The original owner later fraudulently resold the same plot to different buyers (including her own husband) by changing its plot number. The complainant filed a criminal case alleging cheating and forgery under the IPC. After investigation, the police submitted a final report concluding a prima facie case against the accused. However, the High Court quashed the proceedings relying on counsel's oral statement without examining the evidence. The Supreme Court held that the High Court erred in quashing proceedings after a Final Report establishing prima facie case. The Court allowed the appeal and restored the prosecution to proceed on its merits.

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Criminal Procedure Property Dispute Fraud and Cheating Powers of High Court Quashing of FIR

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