STATE OF U. P. versus SURESH CHANDRA SRIVASTAVA & ORS

On facts narrated, no offence under sections 467, 471, or 120B IPC was revealed. The High Court was justified in quashing proceedings regarding these offences as allegations did not constitute such offences, and proceedings with respect to other offences could proceed without complaint under section 195 CrPC.

Parties: Appellant: State of Uttar Pradesh; Respondent: Suresh Chandra Srivastava & Ors.; Petitioner: Pramod Swarup
Jurisdiction: India
Judgment Date: 03 May 1984
Procedural Posture: Criminal Appeal and Special Leave Petition / Supreme Court Final Disposal
Outcome: appeals and petitions dismissed; High Court judgment affirmed
Legal Topics: Section 195 Code of Criminal Procedure, Offences Under Indian Penal Code, Court Fee Stamp Fraud

Criminal Law Procedure Section 195 Code of Criminal Procedure Offences Under Indian Penal Code Court Fee Stamp Fraud

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Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

State of Uttar Pradesh

Appellant

Suresh Chandra Srivastava & Ors.

Respondent

Pramod Swarup

Petitioner

Procedural Posture

Criminal Appeal and Special Leave Petition / Supreme Court Final Disposal

Legal Issues

1 Whether prosecution for offences under sections 467, 471, 120B IPC requires a complaint under section 195 of CrPC
2 Whether facts alleged constitute offences under sections 467, 471, 120B IPC

Ratio Decidendi

Court Disposition

appeals and petitions dismissed; High Court judgment affirmed

Orders

Cases under sections 262, 263, 380/34 and 420/34 IPC to be tried without complaint under section 195 CrPC