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Uma Maheswari & Anr. vs. State of Rajasthan & Anr. (SC)

54.00 5.40

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Code of Criminal Procedure, 1973–Sec. 482 [Corresponding Sec. 528 of BNSS, 2023]–Penal Code, 1860–Secs. 405, 421, 386 & 506–High Court quashed the proceedings against accused nos. 1 & 2 with observation that the criminal complaint was preferred with an ulterior motive–However, it declined to quash the criminal proceedings against the present appellants on the ground that the validity of the sale transaction between the appellants and V appears to be hit by fraud and misrepresentation–High Court ought to have considered the earlier order and applied the same in the appellant’s case–There is no reference to the said order in the impugned order–FIR was filed in respects of all the accused–FIR is liable to be quashed.