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august 1989

Supreme Court of India · 1989-08-11

STATE OF U.P. THROUGH C.B.I. S.P.E. LUCKNOW vs R.K. SRIVASTAVA AND ANOTHER.

Citation / case number
SC 1989/72434
Court
Supreme Court of India
Petitioner
STATE OF U.P. THROUGH C.B.I. S.P.E. LUCKNOW
Respondent
R.K. SRIVASTAVA AND ANOTHER.
Author
M.M. DUTT
Bench
M.M. DUTT

Judgment text excerpt

The Supreme Court held that if the allegations in the FIR, when taken at face value, do not constitute an offence, the criminal proceedings based on such FIR should be quashed. In this case, the Court found that the actions of the bank employees and account-holders did not demonstrate dishonesty or intent to cause wrongful gain or loss, as necessary entries were made in the bank's accounts. Consequently, the Court upheld the High Court's decision to quash the proceedings against all respondents, as the FIR lacked definite accusations, amounting to an abuse of process.

STATE OF U.P. THROUGH C.B.I. S.P.E. LUCKNOW vs R.K. SRIVASTAVA AND ANOTHER. · Niyam