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.