Lawstreet Journal

'Criminal Proceedings Should Not Become Weapons Of Harassment': Supreme Court [READ JUDGMENT]

Lawstreet Journal 18 Oct 2021 9:40pm

Image courtesy: Lawstreet Journal Judiciary 'Criminal Proceedings Should Not Become Weapons Of Harassment': Supreme Court [READ JUDGMENT]

In a judgment delivered last month, the SC held that civil disputes have been given the colour of a criminal offence with respect to a case where criminal proceedings were initiated against a property purchaser.

The bench of Justices Indira Banerjee and JK Maheshwari observed that while considering a petition seeking quashing of criminal proceedings, the High Court should examine whether a complaint discloses criminal offence or not depends on the nature of the allegation and whether the essential ingredients of a criminal offence are present or not.

In this case, an FIR was lodged against the power of attorney of the complainant and the purchaser of the property. The court examined the FIR, stating that criminal proceedings are being used as a recourse to harass the purchaser. 

 

"The FIR does not disclose any offence so far as the Appellant is concerned. There is no whisper of how and in what manner, this Appellant is involved in any criminal offence and the charge sheet, the relevant part whereof has been extracted above, is absolutely vague", the court observed.

 

[READ JUDGMENT]

Continue Reading...

Tagged: Supreme Court of India  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.