Supreme Court of India · 2001-10-18
C.I.T., MUMBAI vs ANJUM M.H.GHASWALA
- Citation / case number
- SC 1998/12252
- Court
- Supreme Court of India
- Petitioner
- C.I.T., MUMBAI
- Respondent
- ANJUM M.H.GHASWALA
- Author
- A.S.ANAND , K.T.THOMAS , R.C.LAHOTI , SANTOSH N.HEGDE , S.N.VARIAVA
- Bench
- A.S.ANAND CJI , K.T.THOMAS , R.C.LAHOTI , SANTOSH N.HEGDE , S.N.VARIAVA
Judgment text excerpt
The Supreme Court held that the High Court's quashing of the appellant's complaint under Sections 465, 467, 468, 471, and 120B of the Indian Penal Code was erroneous, as it disregarded established legal principles regarding the issuance of process by a Magistrate. The Court emphasized that the complaint, alleging forgery related to a partnership deed, warranted further examination and should not have been dismissed at the preliminary stage. Consequently, the Court directed the Magistrate to proceed with the complaint in accordance with law, thereby overturning the High Court's order.