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february 1988

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.

MADHAVRAO JIWAJI RAO SCINDIA & ANR. ETC. vs SAMBHAJIRAO CHANDROJIRAO ANGRE & ORS. ETC. · Niyam