Summary
Two purchasers were prosecuted for allegedly buying property attached in connection with others’ much earlier deposit-related wrongdoing. The Court found no prima facie case against them: purchase was the only alleged role, and no continuing or registered attachment at purchase or connection with the other accused was shown. Continuing the prosecution would abuse the process. The proceedings, including the charge-sheet, were quashed only as against these two appellants.
Issues
- Whether the allegations and material established a prima facie criminal case against the purchasers warranting continued proceedings.
Provisions considered
- Section 482, Code of Criminal Procedure, 1973Inherent power should have been exercised to prevent abuse where the only allegation against the purchasers and the material shown did not establish a prima facie case. (¶¶ 4, 6-7)
Held
- The main allegations of misappropriation concerned other accused and events many years earlier. The appellants’ only alleged involvement was purchasing the property; no relationship with those accused was alleged, and nothing showed continuation or registration of the asserted attachment at the time of purchase. (¶ 6)
- The State could identify no further material supporting the offences against the purchasers, despite relying on completion of investigation and filing of a charge-sheet. The complainant also stated that he had no objection to quashing after learning the true facts. (¶ 4-5)
- On these facts, the alleged offences were not prima facie made out against the appellants, and continued proceedings would cause unnecessary harassment and abuse of process. The High Court should have exercised Section 482 discretion. (¶ 6)
- The appeal was allowed, the High Court judgment set aside, and the criminal proceedings for the listed offences, including the charge-sheet, quashed insofar as Rekha Jain and Minakshi Jain were concerned. (¶ 7)
Result
Appeal allowed; criminal proceedings and charge-sheet quashed only against the two appellant purchasers. High Court refusal to quash set aside.