VidhiSangh

Supreme Court of India · 23/04/2025

SIVAKUMAR versus THE INSPECTOR OF POLICE & ANR.

[2025] 4 S.C.R. 1688 · 2025 INSC 558

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Summary

The Supreme Court quashed criminal proceedings for cheating and forgery against an HDFC officer arising from a SARFAESI auction sale of property that had already been acquired by the Tamil Nadu Housing Board. The appellant was not the authorised officer when the auction was held and the sale certificate issued in 2012; he became Manager only in November 2014 and had no role in the transaction, so continuing the prosecution would be an abuse of process.

Issues

  1. Whether the High Court was right in refusing to quash, under Section 482 CrPC, the chargesheet for offences under Sections 197, 417, 418, 467, 468 and 420 IPC against the appellant.
  2. Whether an officer who was not the authorised officer under the Security Interest (Enforcement) Rules, 2002 at the time of the auction and issuance of the sale certificate can be prosecuted for alleged suppression of an encumbrance in that sale.

Provisions considered

Held

Result

Appeals allowed; impugned High Court order set aside; criminal proceedings against the appellant arising out of CC No. 308 of 2016 before the Judicial Magistrate No. 1, Tirunelveli quashed; pending interlocutory applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 1688.