Supreme Court of India · 1988-02-09
MADHAVRAO JIWAJI RAO SCINDIA & ANR. ETC. vs SAMBHAJIRAO CHANDROJIRAO ANGRE & ORS. ETC.
- Citation / case number
- SC 1986/69719
- Court
- Supreme Court of India
- Petitioner
- MADHAVRAO JIWAJI RAO SCINDIA & ANR. ETC.
- Respondent
- SAMBHAJIRAO CHANDROJIRAO ANGRE & ORS. ETC.
- Author
- MISRA RANGNATH
- Bench
- MISRA RANGNATH
Judgment text excerpt
The Supreme Court held that under Section 482 of the Criminal Procedure Code, the test for quashing a prosecution at the initial stage is whether the uncontroverted allegations establish a prima facie offence. The Court found that the allegations against the accused, who were officers of a trust, did not constitute a criminal offence under Sections 406 and 467 of the IPC, as the tenancy created in favor of the trustee's wife did not amount to a breach of trust. Consequently, the appeal of the accused was allowed, and the complainant's appeal was dismissed.