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Supreme Court of India 2019-01-22 allowed

Sau Saraswatibai vs Lalitabai & Ors

Bench: 2 — M.R. Shah

In Brief

A complainant purchased a plot and later discovered the same property had been fraudulently resold to others with a changed plot number. When the police submitted a Final Report concluding prima facie evidence of fraud and forgery, the High Court quashed the proceedings based merely on counsel's assertions without examining the investigation report. The Supreme Court held that the High Court erred in interfering with the criminal prosecution under Section 482 CrPC when the Investigating Officer had concluded a prima facie case existed. The Court allowed the appeal, set aside the High Court's order, and permitted the prosecution to proceed on its merits.

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Criminal Procedure Fraud and Forgery High Court Powers Investigation Quashing of Criminal Proceedings

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