VidhiSangh

Supreme Court of India · 03/02/2022

SMT. REKHA JAIN AND ANR. versus THE STATE OF UTTAR PRADESH AND ORS.

[2022] 1 S.C.R. 509 · 2022 INSC 141

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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

  1. Whether the allegations and material established a prima facie criminal case against the purchasers warranting continued proceedings.

Provisions considered

Held

Result

Appeal allowed; criminal proceedings and charge-sheet quashed only against the two appellant purchasers. High Court refusal to quash set aside.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 509.