Supreme Court of India · 2013-01-10
ARUN BHANDARI vs STATE OF U.P..
- Citation / case number
- SC 2011/6722
- Court
- Supreme Court of India
- Petitioner
- ARUN BHANDARI
- Respondent
- STATE OF U.P..
- Author
- Dipak Misra
- Bench
- DIPAK MISRA K.S. RADHAKRISHNAN
Judgment text excerpt
The Supreme Court examined the legality of the High Court's order quashing the cognizance taken under Sections 406 and 420 IPC by the Chief Judicial Magistrate. The Court held that the allegations in the FIR and protest petition did indeed constitute offences under these sections, emphasizing that the essence of cheating and criminal breach of trust was present due to the fraudulent sale of property. Consequently, the Supreme Court set aside the High Court's order, reinstating the proceedings against the respondents.