G N NAIDU Vs. N ASHAIAH

LAWS(SC)-2008-11-82

SUPREME COURT OF INDIA

Decided on November 17,2008

G N NAIDU Appellant

VERSUS

N ASHAIAH Respondents

JUDGEMENT

- (1.) NONE appears for respondent Nos. 1 to 6, though served.
(2.) LEAVE granted. Appellant before us is a complainant who alleges offences punishable under sections 468, 471 and 420 IPC, stating that the respondent Nos. 1 to 6 had forged and fabricated documents enabling them allegedly to grab the property of the appellant. By the impugned judgment, the High Court has quashed the complaint arising from f. I. R. in Crime No. 325 of 2002 only on the ground that earlier the respondents had instituted a Civil Suit in which they obtained an injunction. In our view, the High court had erred in setting aside the complaint on the above ground. It appears that the High Court had assumed that the dispute between the parties was of a civil nature. In our view, the High Court has committed that error. Consequently, the impugned judgment is set aside and the said F. I. R. in crime No. 325 of 2002 shall stand revived for investigation in accordance with law.
(3.) CRIMINAL Appeal is allowed accordingly.;

Click here to view full judgement.