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april 2004

Supreme Court of India · 2004-04-27

VIJAY SHEKHAR vs UNION OF INDIA .

Citation / case number
SC 2004/2158
Court
Supreme Court of India
Petitioner
VIJAY SHEKHAR
Respondent
UNION OF INDIA .
Bench
N.SANTOSH HEGDE, S.B.SINHA & S.H.KAPADIA.

Judgment text excerpt

The Supreme Court held that the complaint filed under Sections 406, 420, 504, 506(1), and 114 IPC was fraudulent and constituted an abuse of the process of court. The Court emphasized that the validity of the complaint must be assessed based on the law and material available, rather than merely on the concession of the parties involved. Consequently, the Court quashed the proceedings in Criminal Case No.118 of 2004, finding that the complaint lacked genuine merit and did not adhere to the procedural requirements of the Code of Criminal Procedure.

VIJAY SHEKHAR vs UNION OF INDIA . · Niyam