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Supreme Court of India 2017-09-07 allowed

State of Maharashtra vs Avinash

Bench: 2 — D.Y. Chandrachud

In Brief

A company director was arrested on fraud charges involving misappropriation of depositor funds. His bank accounts were attached during investigation. He initially applied before the High Court's Division Bench seeking to quash the FIR and de-freeze his accounts, but withdrew that application. He then filed an identical application before a Single Judge, which was allowed. The Supreme Court held this was manifest abuse of process—filing the same application twice before different benches after withdrawing the first was improper. The Court set aside the Single Judge's order and dismissed the second application, without addressing the substantive legal question about freezing procedures under the depositor protection law.

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Criminal Procedure Abuse of Process Banking Regulation Bail Conditions Fraud Financial Establishments

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