VidhiSangh

Supreme Court of India · 07/09/2017

STATE OF MAHARASHTRA versus AVINASH

[2017] 8 S.C.R. 896 · 2017 INSC 871

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Summary

The Court set aside an order de-freezing bank accounts because the accused had withdrawn an earlier application before a Division Bench seeking virtually the same relief and then obtained it from a Single Judge without apprising that judge of the earlier withdrawal. This was a manifest abuse of process. Whether the MPID Act excluded freezing under Section 102 CrPC was expressly left open.

Issues

  1. Whether a fresh Section 482 application could obtain relief already given up before a Division Bench.
  2. Whether the interaction of the MPID Act and Section 102 CrPC required determination.

Held

Result

State’s appeal allowed; Single Judge’s order of 18 August 2016 set aside and Criminal Application 459 of 2016 dismissed; statutory interaction question left open.

Judgment PDF: Supreme Court of India, [2017] 8 S.C.R. 896.