A.M. MOHAN versus THE STATE REPRESENTED BY SHO AND ANOTHER

A.M. MOHAN versus THE STATE REPRESENTED BY SHO AND ANOTHER

The FIR and charge-sheet, even if taken at face value, do not disclose the ingredients of Section 420 IPC qua the appellant because there is no allegation of dishonest inducement by the appellant; continuation of proceedings would be an abuse of process and miscarriage of justice, and therefore the High Court order is set aside and the FIR and consequential charge-sheet against the appellant are quashed.

Parties
Appellant: A.M. Mohan; Respondent: The State Represented by SHO and Another
Jurisdiction
India
Judgment Date
20 March 2024
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Dated 15 July 2022 Rejecting Petition Under Section 482 Cr.p.c.
Outcome
Appeal allowed
Legal Topics
Quashing, Cheating, Section 420 IPC, Section 482 Cr PC, Abuse of Process of Law, Dishonest Inducement
Criminal Procedure Criminal Law Quashing Cheating Section 420 IPC Section 482 Cr PC Abuse of Process of Law Dishonest Inducement

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Parties

A.M. Mohan

Appellant

The State Represented by SHO and Another

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Dated 15 July 2022 Rejecting Petition Under Section 482 Cr.p.c.

Legal Issues

  1. 1 Whether the ingredients of Section 420 IPC are made out against the appellant
  2. 2 Whether the High Court was justified in rejecting the petition under Section 482 CrPC
  3. 3 Whether the High Court can exercise jurisdiction under Section 482 CrPC after filing of a charge-sheet

Ratio Decidendi

The FIR and charge-sheet, even if taken at face value, do not disclose the ingredients of Section 420 IPC qua the appellant because there is no allegation of dishonest inducement by the appellant; continuation of proceedings would be an abuse of process and miscarriage of justice, and therefore the High Court order is set aside and the FIR and consequential charge-sheet against the appellant are quashed.

Court Disposition

Appeal allowed

Orders

  • The order of the High Court dated 15th July 2022 in Criminal O.P. No.20716 of 2020 and Crl. M.P. No. 8763 of 2020 is quashed and set aside.
  • The FIR in Crime No.21 of 2020 and the consequential charge-sheet filed against the appellant are quashed and set aside.