STATE OF MAHARASHTRA versus AVINASH

STATE OF MAHARASHTRA versus AVINASH

Filing an application before the Single Judge for relief that had been withdrawn before the Division Bench constituted manifest abuse of process; such application should not have been entertained.

Parties
Appellant: State of Maharashtra; Respondent: Avinash
Jurisdiction
India
Judgment Date
07 September 2017
Procedural Posture
Criminal Appeal / Supreme Court Final Appeal From High Court Order
Outcome
Appeal allowed; impugned High Court order set aside.
Legal Topics
Abuse of Process, Bail Conditions, Attachment and De Freezing of Bank Accounts, Special Procedure Under MPID Act, Section 482 Cr PC
Criminal Law Financial Regulation Abuse of Process Bail Conditions Attachment and De Freezing of Bank Accounts Special Procedure Under MPID Act Section 482 Cr PC

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

State of Maharashtra

Appellant

Avinash

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Appeal From High Court Order

Legal Issues

  1. 1 Whether filing multiple applications for same relief constitutes abuse of process
  2. 2 Whether bank accounts can be de-frozen based on special provisions under MPID Act

Ratio Decidendi

Filing an application before the Single Judge for relief that had been withdrawn before the Division Bench constituted manifest abuse of process; such application should not have been entertained.

Court Disposition

Appeal allowed; impugned High Court order set aside.

Orders

  • Criminal Application No. 459 of 2016 dismissed.
  • Restraint on operation of respondent's bank accounts reinstated.