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INDIAN BANK v. STEEL HYPERMART INDIA PVT. LTD.

Supreme Court of India | Diary 29303/2022

Status

Order

Decided On

2024-12-05

Bench

HON'BLE MR. JUSTICE ABHAY S. OKA, HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

Petitioner

INDIAN BANK

Respondent

STEEL HYPERMART INDIA PVT. LTD.

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.________/2024 [ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL) NO.8894/2022]

INDIAN BANK APPELLANT(S) VERSUS

STEEL HYPERMART INDIA PVT. LTD. & ORS. RESPONDENT(S)

WITH

CRIMINAL APPEAL NO.________/2024 [ARISING OUT OF SLP(CRL) NO. 428/2023]

O R D E R

1. Leave granted.

2. Heard learned counsel appearing for the parties.

3. A case was registered by the Central Bureau of

Investigation, Banking Securities Fraud Branch on 10th

January, 2021 against the respondents and others for the

offences punishable under Sections 420, 468, 471 and 120B

of the Indian Penal Code, 1860 (for short, ‘the IPC’) and

Section 13(2) read with Section 13(1)(d) of the Prevention

of Corruption Act, 1988 (for short, ‘the P.C. Act’). A

petition under Section 482 of the Code of Criminal

Procedure, 1973 (for short, ‘the Cr.P.C.’) was filed for

quashing. By the impugned judgment, the High Court has

allowed the said petition.

2

4. Learned senior counsel appearing for the appellants

has taken us through the impugned judgment. The submission

is that only on the footing that the Review Committee is

dealing with the case afresh, the High Court has quashed

the First Information Report (FIR) without even adverting

to the nature of the offences alleged against the

respondents. It is submitted that...

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