SHRI SUKHBIR SINGH BADAL versus BALWANT SINGH KHERA AND ORS.

SHRI SUKHBIR SINGH BADAL versus BALWANT SINGH KHERA AND ORS.

On the averments in the complaint and the material recorded during the inquiry (even assuming those averments true), the ingredients of the offences under Sections 420, 465, 466, 467, 468, 471 read with 120B IPC are not made out (no false document was made/produced and no dishonest inducement to deliver property was...

Source-derived case information.

Parties
Appellant: Shri Sukhbir Singh Badal; Respondent: Balwant Singh Khera
Jurisdiction
India
Judgment Date
28 April 2023
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Under Section 482 Cr.p.c.
Outcome
Appeal allowed; impugned High Court order quashed and set aside; trial court summoning order quashed and set aside.
Legal Topics
Cheating, Forgery, Quashing of Criminal Proceedings, Section 29 a Representation of People Act, 1951, Section 482 Cr.p.c.
Criminal Law Electoral Law Cheating Forgery Quashing of Criminal Proceedings Section 29 a Representation of People Act, 1951 Section 482 Cr.p.c.

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Parties

Shri Sukhbir Singh Badal

Appellant

Balwant Singh Khera

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Under Section 482 Cr.p.c.

Legal Issues

  1. 1 Whether the ingredients of offences under Sections 420, 465, 466, 467, 468, 471 read with 120B IPC are made out by the complaint and inquiry material
  2. 2 Whether a false document was made or produced as required for forgery offences under Sections 463/464 and related provisions
  3. 3 Whether the summoning order and continuation of criminal proceedings amount to abuse of process of court

Ratio Decidendi

On the averments in the complaint and the material recorded during the inquiry (even assuming those averments true), the ingredients of the offences under Sections 420, 465, 466, 467, 468, 471 read with 120B IPC are not made out (no false document was made/produced and no dishonest inducement to deliver property was shown); continuation of proceedings would be an abuse of process, hence the summoning order and consequent proceedings are quashed.

Court Disposition

Appeal allowed; impugned High Court order quashed and set aside; trial court summoning order quashed and set aside.

Orders

  • Impugned judgment and order of the High Court dismissing revision application is quashed and set aside
  • Order dated 04.11.2019 of the Trial Court summoning the appellants to face trial under Sections 420, 465, 466, 467, 468, 471 read with 120B IPC is quashed and set aside