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Supreme Court of India 2024-10-14 allowed

SOMJEET MALLICK vs STATE OF JHARKHAND & OTHERS

Bench: 2 — J.B. Pardiwala, Manoj Misra

In Brief

A man filed a police complaint alleging that two persons had taken his truck on rent but failed to pay rent dues amounting to over Rs 12 lakhs despite repeated promises. The High Court quashed the FIR, finding no offence disclosed. The Supreme Court set aside this order, holding that the FIR's allegations of dishonest conduct and false assurances establish a prima facie case warranting investigation. The Court emphasized that when assessing whether an FIR discloses a cognizable offence, courts must examine the substance of allegations, not omissions. The matter was remitted to the High Court to reconsider the quashing petition after examining investigation materials collected by police.

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Criminal Procedure Criminal Law Quashing of FIR Cognizance Criminal Breach of Trust Cheating Mens Rea Section 482 CrPC Prima Facie Case

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