Tag: IPC 468

Supreme Court Shields Daughters-in-Law from Criminal Case Over Property Will
28Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Shields Daughters-in-Law from Criminal Case Over Property Will

The Supreme Court quashed criminal proceedings under Sections 419, 420, 467, 468, and 471 IPC, ruling the allegations did not prima facie constitute the alleged offences. Relying on Bhajan Lal, it held that criminal process cannot be used to settle civil disputes, as it amounts to an abuse of the court's process. Facts Of The Case: A testator, Shri Ram Baksh Dubey, executed an unregistered will in 1993 bequeathing his property to his four daughters-in-law, apprehensive that his third son, Ashish Kumar, would squander the estate. After the testator’s death in 1994, Ashish Kumar sold his purported share to the complainant, Balram, via a registered sale deed. The daughters-in-law, unaware of this sale, successfully obtained a mutation order in their favor based on the will. When Balram inte...
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Can’t Reopen Closed Cases Without New Proof: Supreme Court’s Landmark Ruling for Sportspersons
23Aug By The Legal ChamberNo Comments
Supreme Court

Can’t Reopen Closed Cases Without New Proof: Supreme Court’s Landmark Ruling for Sportspersons

The Supreme Court quashed the FIR, ruling the allegations of forgery and cheating did not disclose the essential ingredients of Sections 420, 468, or 471 IPC. It held that continuing the prosecution, after prior exoneration by competent authorities without new evidence, constituted a clear abuse of the legal process. Facts Of The Case: In 2022, a private complaint was filed by Nagaraja M.G. alleging that badminton players Chirag Sen and Lakshya Sen, their parents, and their coach, Vimal Kumar, had conspired to falsify the players’ dates of birth to gain illegal entry into age-restricted tournaments. The complaint was based primarily on an alleged 1996 GPF nomination form. Following a magistrate's order under Section 156(3) of the CrPC, the Bengaluru Police registered an FIR for offences ...
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Abuse of Legal Process? : Supreme Court Quashes Second Petition , Not Allowed Without New Grounds
18Aug By The Legal ChamberNo Comments
Supreme Court

Abuse of Legal Process? : Supreme Court Quashes Second Petition , Not Allowed Without New Grounds

The Supreme Court ruled that a second quashing petition under Section 482 CrPC is impermissible if based on grounds available during the first petition, as it effectively amounts to a review barred under Section 362 CrPC. The Court emphasized that inherent powers cannot override statutory prohibitions, preventing abuse of legal process through successive petitions. The judgment reaffirmed that change in circumstances or new grounds must be demonstrated for entertaining subsequent quashing petitions, ensuring judicial discipline and preventing harassment via repetitive litigation. The High Court's order allowing a second petition was set aside, restoring the criminal complaint for trial. Facts Of The Case: The case involves a dispute between the appellant, M.C. Ravikumar, and the respon...
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Tender Scam Verdict: Supreme Court Explains Difference Between Forgery & Corruption in Govt Tenders
3Jun By The Legal ChamberNo Comments
Supreme Court

Tender Scam Verdict: Supreme Court Explains Difference Between Forgery & Corruption in Govt Tenders

The Supreme Court partially allowed the appeal, upholding charges under Sections 409 (criminal breach of trust) and 468 IPC (forgery for cheating) against the appellant, a PWD engineer, for allegedly manipulating tender documents. However, it quashed charges under Section 13(1)(d) of the PC Act, holding no evidence of 'criminal misconduct' or pecuniary advantage. The Court clarified that discharge pleas require examining only prima facie evidence in the chargesheet, without assessing credibility at this stage. The ruling reaffirms the distinction between procedural irregularities and corrupt intent under anti-corruption laws Facts Of The Case: The case involved K.H. Kamaladini, an Executive Engineer in Goa's Public Works Department, accused of manipulating 19 short tender notices for 847...
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Supreme Court Clarifies Section 195 CrPC Doesn’t Protect Post-Proceeding Forgery”: Courts Records Safety
17May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies Section 195 CrPC Doesn’t Protect Post-Proceeding Forgery”: Courts Records Safety

The Supreme Court ruled that Section 195 CrPC does not bar prosecution for tampering with court records after proceedings conclude, as such acts no longer affect "proceedings in court" under Section 195(1)(b). It held that fabricating documents in record rooms post-withdrawal constitutes standalone offences under IPC, not requiring court-sanctioned complaints. The judgment clarified that Section 195 applies only when offences directly impact live judicial proceedings or documents in active court custody, distinguishing between administrative record-keeping and judicial administration of justice. The Court affirmed that FIRs remain valid for post-proceeding forgeries. Facts Of The Case: The case originated from a 2005 FIR lodged by the Registrar of Bharuch District Court against Parshotta...
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