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Supreme Court of India 2019-01-11 allowed

Suresh Kumar Goyal and Others vs State of Uttar Pradesh and Another

Bench: 2 — Uday Umesh Lalit

In Brief

The appellants (father, son and brother-in-law) were accused of cheating, forgery and criminal breach of trust in connection with shares of Reliance Industries Ltd. held jointly in the names of the complainant and the appellant-brother. The Supreme Court allowed the appellants' appeal and discharged them, holding that the material on record clearly established the shares were purchased from the father's funds in 1992–1993 when the complainant was a young man unaware of the transaction. The complaint was filed as vengeance after the father disowned the complainant and was an abuse of the criminal process. The Court quashed the proceedings under Section 482 CrPC, applying rigorous standards for pre-trial discharge and directing the complainant to pay costs.

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Criminal Law Criminal Procedure Abuse of Process Discharge of Accused Company Law

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