SANJAY KUMAR versus THE STATE OF BIHAR & ANR.

SANJAY KUMAR versus THE STATE OF BIHAR & ANR.

Petitioner's pleadings alleging fake institution cannot be selectively ignored; such misleading pleadings are condemned and may attract perjury. High Court correctly quashed proceedings as dispute was of civil nature (salary recovery), not criminal. Advocate-on-Record's conduct condemned and warned by Supreme Court.

Parties
Petitioner: Sanjay Kumar; Respondent: The State of Bihar; Respondent: Respondent No.2 (private respondent)
Jurisdiction
India
Judgment Date
28 January 2014
Procedural Posture
Special Leave Petition (criminal) / Supreme Court Order on SLP After High Court Quashed Proceedings
Outcome
dismissed
Legal Topics
Quashing of Criminal Proceedings, Conduct of Advocate on Record, Perjury, Pleadings, Negotiable Instruments
Criminal Law Procedure Legal Practice Quashing of Criminal Proceedings Conduct of Advocate on Record Perjury Pleadings Negotiable Instruments

Case Brief

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Parties

Sanjay Kumar

Petitioner

The State of Bihar

Respondent

Respondent No.2 (private respondent)

Respondent

Procedural Posture

Special Leave Petition (criminal) / Supreme Court Order on SLP After High Court Quashed Proceedings

Legal Issues

  1. 1 Whether criminal proceedings under IPC sections and Section 138 of NI Act were rightly quashed by High Court
  2. 2 Effect of contradictory/misleading pleadings in SLP before Supreme Court
  3. 3 Conduct and obligations of Advocate-on-Record

Ratio Decidendi

Petitioner's pleadings alleging fake institution cannot be selectively ignored; such misleading pleadings are condemned and may attract perjury. High Court correctly quashed proceedings as dispute was of civil nature (salary recovery), not criminal. Advocate-on-Record's conduct condemned and warned by Supreme Court.

Court Disposition

dismissed

Orders

  • Special Leave Petition dismissed.
  • Warnings issued to Advocate-on-Record regarding conduct and obligation to appear; conduct to be kept under close watch by the Court.