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october 2008

Supreme Court of India · 2008-10-24

R. KALYANI vs JANAK C. MEHTA .

Citation / case number
SC 2004/20476
Court
Supreme Court of India
Petitioner
R. KALYANI
Respondent
JANAK C. MEHTA .
Author
S.B. Sinha
Bench
S.B. SINHA,AFTAB ALAM, , ,

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing the FIR under Sections 409, 420, and 468 IPC, as it improperly exercised its inherent jurisdiction under Section 482 CrPC by delving into disputed facts before the investigation was complete. The Court emphasized that vicarious liability applies to high-ranking officers in a company when they are in charge of its affairs, and the quashing of the FIR was inappropriate as it involved serious allegations of forgery and cheating. The appeal was allowed, reinstating the FIR and the investigation against the respondents.

R. KALYANI vs JANAK C. MEHTA . · Niyam