Case Details

Citation(s)
1990 SLD 493 = 1990 MLD 497
Supreme Court of India
Criminal Appeal Nos. 380 of 1989 and 323 of 1988, decided on 11th August, 1989.
Presented By: Present: Murari Mohon Dutt, S. Ratnavel Pandian and T.K. Thommen, JJ
A. Subhashini and R.P. Kapur with them for Appellants. R.L. Kohli, Senior Advocate, Manoj Saxena and R.D. Upadhyay with him for
Respondents.

STATE OF U.P. through C.B.I. S.P.E., LUCKNOW and another Appellants

VERSUS

R.K. SRIVASTAVA and others--Respondents

Law:

Section:

Quashing of proceedings--- --- Abuse of process of Court--F.I.R. on its face value not constituting any offence--Criminal proceedings instituted on its basis--Liable to be quashed. If the allegations made in the F.I.R. taken at their face value and accepted in their entirety do not constitute an offence, the criminal proceedings instituted on the basis of such F.I.R. should be quashed. In the instant case two employees of the State Bank of India and one of its clients holding Current Account were charged under Ss.120-B, 420, 468 and 471,I.P.C. and S.5(2) read with S. 5(1) (d) of the Prevention of Corruption Act, 1947. It was manifestly clear from the allegations in the F.I.R. that the accused bank employees had no intention whatsoever to make any wrongful gain or to make any wrongful loss to the Bank in accepting certain cheques. The allegations made either in the F.I.R. or in the charge-sheet did not show that the bank employees or the client had acted dishonestly, that is to say, acted with a deliberate intention to cause wrongful gain or wrongful loss, nor did the allegations constitute any offence of cheating or forgery. At the most there was some delay in making relevant entries. Since the F.I.R. did not contain any definite accusation, it amounted to an abuse of the process of the Court. The criminal proceedings were therefore liable to be quashed in exercise of powers under S.482, Cr.P.C. (India). G. Ramaswamy, Additional Solicitor General, Anil Dev Singh, Senior Advocate, Miss A. Subhashini and R.P. Kapur with them for Appellants. R.L. Kohli, Senior Advocate, Manoj Saxena and R.D. Upadhyay with him for Respondents. JUDGMENT DUTT, J.--These two appeals by special leave, one preferred by the State of U.P. and the other by the State Bank of India, are directed against the judgment of the Allahabad High Court whereby the High Court has quashed the criminal proceedings being Crime Case No.40 of 1983 in the Court of Special Judge, Anti-Corruption, only as against the respondent R.K. Srivastava. In quashing the proceedings in the exercise of its jurisdiction under section 482, Cr.P.C., the High Court took the view that allegations made in the First Information…
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