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Supreme Court of India · 01/01/2025

KIM WANSOO versus STATE OF UTTAR PRADESH & ORS.

[2025] 1 S.C.R. 1 · 2025 INSC 8

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Summary

The Supreme Court quashed, as against the appellant, an FIR alleging cheating, breach of trust and related offences arising from non-payment of about Rs. 9 crores to a labour sub-contractor. The FIR made no specific allegation against the appellant or the company of which he was Project Manager, the default being attributed to other companies, so it disclosed no offence against him and the High Court erred in declining to quash it under Article 226.

Issues

  1. Whether the High Court erred in refusing to quash the FIR against the appellant under Article 226 of the Constitution while merely protecting him from arrest.
  2. Whether the allegations in the FIR, taken as they stand, disclosed the commission of any offence by the appellant.

Provisions considered

Held

Result

Appeal allowed; the High Court's judgment dated 26.08.2020 set aside and FIR No. 64/2020, Police Station Sadar Bazar, District Meerut, with all further proceedings, quashed qua the appellant.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 1.