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Shivkumar vs. The Inspector of Police & Anr. (SC)

52.00 5.20

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Penal Code, 1860–Secs. 417, 418, 467, 468, 420 & 197 [Corresponding Secs. 318(2), 318(3), 338, 336(3), 318(4) & 234 of BNS, 2023]–Criminal proceedings–Scope for remaining continue–Allegation that the property in question was sold to the defecto complainant in the public auction by suppressing the fact of acquisition of the property–Sale certificate was issued by the appellant’s predecessor–At the relevant time, appellant was not the Authorized Officer, empowered to issue the certificate–Appellant had no role to play in the transaction leading to the FIR–The continuation of criminal proceedings against the appellant is abuse of process of law–Quashed.