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Supreme Court of India 2022-02-03 allowed

Smt. Rekha Jain and Anr vs The State of Uttar Pradesh and Ors

Bench: 2 — M.R. Shah, B.V. Nagarathna

In Brief

Smt. Rekha Jain and Smt. Minakshi Jain purchased a property that was allegedly attached in 1998–99 following misappropriation of depositor funds in a company. When criminal proceedings were initiated against them under sections covering forgery and criminal breach of trust, they sought to quash the proceedings. The Supreme Court allowed their appeal, holding that they were bona fide purchasers without knowledge of any active attachment and that the main allegations concerned other co-accused. The Court found no prima facie case against them and ruled that continuing proceedings would constitute abuse of process and unnecessary harassment. The criminal proceedings were quashed.

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Criminal Procedure Forgery Criminal Breach of Trust Abuse of Process Quashing of Proceedings

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