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Supreme Court of India 2022-07-11 allowed

Sanjeet Jaiswal vs Akhil Sharda & Ors

Bench: 2 — M. R. Shah, B.V. Nagarathna

In Brief

The Supreme Court reversed a High Court order quashing criminal proceedings related to the disappearance of three trucks carrying beer worth Rs 92.98 lakhs. The High Court had cancelled the FIR under IPC Sections 406, 420, and others, finding no ingredients of the offence were made out. The Supreme Court held that the High Court conducted an impermissible 'mini trial' and failed to consider allegations of a larger criminal conspiracy involving systematic truck disappearances. It found the interconnected FIRs should not be separated arbitrarily and that serious conspiracy allegations warrant investigation despite eventual goods recovery and no direct loss to the Excise Department.

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Criminal Procedure Section 482 Cr.P.C. Quashing of Criminal Proceedings Excise Law Fraud and Misappropriation

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