MRS. PRIYANKASRIVASTAVAANDANOTHER versus STATE OF U.P.AND OTHERS

MRS. PRIYANKASRIVASTAVAANDANOTHER versus STATE OF U.P.AND OTHERS

The FIR lodged against the bank officials was quashed as the borrower (respondent no.3) abused legal process only to harass the officials and avoid repayment, and the Magistrate failed to account for statutory protections and proper application of mind in ordering FIR registration under Section 156(3) Cr.P.C.;...

Source-derived case information.

Parties
Appellant: Mrs. Priyanka Srivastava; Appellant: Another (co-appellant); Respondent: State of Uttar Pradesh; Respondent: Prakash Kumar Bajaj; Respondent: Jyotsana Bajaj
Jurisdiction
India
Judgment Date
19 March 2015
Procedural Posture
Criminal Appeal / Appeal From High Court Order
Outcome
Appeal allowed
Legal Topics
Section 156(3) Cr.p.c. Powers, SARFAESI Act Protections, FIR Quashing, Abuse of Process
Criminal Law Banking Law Financial Services Law Section 156(3) Cr.p.c. Powers SARFAESI Act Protections FIR Quashing Abuse of Process

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Parties

Mrs. Priyanka Srivastava

Appellant

Another (co-appellant)

Appellant

State of Uttar Pradesh

Respondent

Prakash Kumar Bajaj

Respondent

Jyotsana Bajaj

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Order

Legal Issues

  1. 1 Scope of Magistrate's powers under Section 156(3) Cr.P.C.
  2. 2 Whether FIR against bank officials, initiated by borrower, is abuse of process
  3. 3 Role of affidavit in applications under Section 156(3)

Ratio Decidendi

The FIR lodged against the bank officials was quashed as the borrower (respondent no.3) abused legal process only to harass the officials and avoid repayment, and the Magistrate failed to account for statutory protections and proper application of mind in ordering FIR registration under Section 156(3) Cr.P.C.; further, applications under Section 156(3) must be supported by sworn affidavits and prior steps under Section 154(1) and 154(3) proven.

Court Disposition

Appeal allowed

Orders

  • Order of High Court set aside
  • FIR in Crime No.298 of 2011, Police Station Bhelupur, Varanasi, U.P. quashed