SIVAKUMAR versus THE INSPECTOR OF POLICE & ANR.

SIVAKUMAR versus THE INSPECTOR OF POLICE & ANR.

The appellant was not the authorized officer at the relevant time, had no involvement in the initiation of the auction or issuance of the sale certificate and was not a signatory; therefore the allegations against him did not attract criminal liability and continuation of proceedings would be an abuse of process,...

Source-derived case information.

Parties
Appellant: Sivakumar; Respondent: The Inspector of Police & Anr.
Jurisdiction
India
Judgment Date
23 April 2025
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Dismissing Section 482 Cr.p.c. Petition; Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Quashing of Chargesheet, Suppression of Acquisition of Property, Cheating, Dishonest Intention, False Certificate, Forgery, SARFAESI Immunity, Auction Process, Sale Certificate
Criminal Procedure Criminal Law Banking and Security Law Property Law Quashing of Chargesheet Suppression of Acquisition of Property Cheating Dishonest Intention +5 more

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Parties

Sivakumar

Appellant

The Inspector of Police & Anr.

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Dismissing Section 482 Cr.p.c. Petition; Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court was correct in refusing to quash the chargesheet under Section 482 Cr.P.C.
  2. 2 Whether the appellant was the authorized officer or otherwise involved in the auction and issuance of the sale certificate
  3. 3 Whether protection under Section 32 of the SARFAESI Act would apply to the appellant

Ratio Decidendi

The appellant was not the authorized officer at the relevant time, had no involvement in the initiation of the auction or issuance of the sale certificate and was not a signatory; therefore the allegations against him did not attract criminal liability and continuation of proceedings would be an abuse of process, warranting quashing of the criminal proceedings against him arising out of CC No. 308 of 2016.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court order dated 12.01.2023 set aside
  • Criminal proceedings against the appellant arising out of CC. No. 308 of 2016 on the file of the Judicial Magistrate No. 1, Tirunelveli are quashed