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The Supreme Court held that billing discrepancies and delayed medical records did not disclose criminal offences, and quashed the complaint under Section 482 CrPC.
Having received a written request from the Chief Justice of India, and while reiterating that the Court may intervene under Article 136 when institutional concerns affect the rule of law, the Supreme Court deleted paragraphs 25 and 26 of its order dated 04.08.2025, left the matter to the Chief Justice of the Allahabad High Court to look into, and disposed of the Special Leave Petition after remanding the matter to the High Court for fresh consideration in accordance with law.
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None of the offences alleged against the appellants under Sections 419, 420, 467, 468 and 471 IPC were made out on the material; the criminal complaint was employed to abuse the process of law and to disguise a civil dispute as criminal, and therefore the proceedings in Complaint Case No.627 of 2002 were to be quashed in the interest of justice.
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The High Court erred in allowing the second quashing petition because the petition raised no new grounds or change in circumstances that were not available at the time of the first quashing petition; the second petition in effect amounted to an impermissible review of a co-ordinate bench's earlier order, which is barred by Section 362 CrPC; accordingly the High Court's order dated 13.09.2022 was quashed and set aside and the criminal complaint restored.
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The complaint was dismissed because the ICDA and Letter of Pledge expressly authorised the pledgee to invoke the pledge and sell the pledged shares (including to itself or group companies), the dispute was the subject of arbitration with an award rendered and challenged under Section 34, and there was inordinate delay in lodging the criminal complaint; taken at its face value the complaint did not disclose ingredients of the offences alleged and amounted to an abuse of process of law.
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The complaint did not disclose a cognizable offence because (a) no stock or recovered packets of the impugned substance were found and no evidence was produced that original packaging was tampered with; (b) the impugned substance is listed as a food ingredient under the Food Safety and Standards Act/Regulations and is not shown to be exclusively a drug in the Indian Pharmacopoeia; (c) Schedule K/Rule 123 and the appellants' valid wholesale drug licences (Forms 20B and 21B) negate the asserted illegality; and (d) an unexplained inordinate delay of over four years in proceeding with the complai…
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The Supreme Court held that nothing specific in the complaint attributed liability to A-1 (Editor-in-Chief), so he could not be held liable for the acts of the article's author; public servants' acts in reporting or informing superiors were protected under the law (including Exception 8 to Section 499 IPC as explained in Rajendra Kumar Sitaram Pande), and accordingly the summoning order and Complaint No.584/1/2010 were set aside and quashed insofar as A-1 and public servants A-3, A-4 and A-8 were concerned; however, the appeal by A-2 (the author) was rejected and he must face trial on the all…
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The allegations in the complaint, read as a whole, disclose a prima facie commission of serious offences under Sections 60, 63, 68 and 68-A read with Section 621 of the Companies Act, 1956. The issues concerning jurisdiction and citizenship and whether acts occurred outside India are matters of fact requiring evidence and cannot be adjudicated at the stage of quashing; hence, power under Section 482 Cr.P.C. for quashing cannot be exercised at this preliminary stage.
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The High Court erred in quashing the complaint. The existence of an arbitration clause or the civil nature of the dispute does not bar criminal prosecution where allegations disclose an offence. The Magistrate of First Class can take cognizance regardless of territorial jurisdiction, which arises only at the stage of inquiry or trial.
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If the complaint lays factual foundation indicating possible commission of the offence alleged, courts should not hasten to quash criminal proceedings at the investigation stage merely because some ingredients are not stated in detail or because the transaction is commercial; the intention behind inducement is key to establishing cheating, not merely the nature of transaction.
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