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april 2008

Supreme Court of India · 2008-04-28

Suneet Gupta vs Anil Triloknath Sharma & Ors

Citation / case number
AIR 2008 SC (SUPP) 1934
Court
Supreme Court of India
Petitioner
Suneet Gupta
Respondent
Anil Triloknath Sharma & Ors
Author
C.K Thakker
Bench
C.K. Thakker, Aftab Alam

Judgment text excerpt

The Supreme Court held that the High Court's quashing of the FIR under Sections 468, 406 read with 120B IPC was erroneous as the allegations made by the appellant, Suneet Gupta, regarding misrepresentation and fraud by his former partner were sufficient to warrant investigation. The Court emphasized that the ingredients of the offences under the IPC were made out, and the High Court should not have interfered at the preliminary stage. Consequently, the appeals were allowed, and the FIR was reinstated for further proceedings.

Suneet Gupta vs Anil Triloknath Sharma & Ors · Niyam