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LegalFirms.in Judgments · legalfirms.in/judgments/sivakumar-vs-the-inspector-of-police-anr-20250423/ · Printed 07 Nov 2026
Criminal · Reportable judgment

Sivakumar vs The Inspector of Police & Anr.

Court
Supreme Court of India
Date
23 April 2025
Case No.
Criminal Appeal No(s). 2140-2141 of 2025
Result
Allowed
Bench
Vikram Nath, Sandeep Mehta
Citation
[2025] 4 S.C.R. 1688 : 2025 INSC 558
Acts & Sections
CrPC Security Interest (Enforcement) Rules, 2002 TP Act SARFAESI Act, 2002 IPC
Supreme Court Reports [2025] 4 S.C.R. 1688 : 2025 INSC 558
Issue for consideration
Issue arose as regards the correctness of the order passed by the High Court dismissing appellant’s petition u/s.482 CrPC seeking quashing of chargesheet against him.
Headnote

Code of Criminal Procedure, 1973 – s.482 – Quashing of proceedings – On default of borrower to repay the loan to the bank, issuance of auction notice for mortgaged immovable property – Respondent no.2, de-facto complainant, purchased the property in the public auction – Subsequently, complainant came to know that the property was already acquired by the Tamil Nadu Housing Board – Complainant filed a complaint and FIR was registered under various sections of Penal Code wherein Branch Manager of the bank and appellant-Manager of Head Office arrayed as the accused – Chargesheet filed and the magistrate took cognizance – Thereagainst, the appellant filed application u/s.482 for quashing of proceedings – High Court held that prima facie case made out against the appellant – Correctness:

Held: Right from the initiation of the auction process to the issuance of sale certificate, no direct involvement of the appellant can be seen as he was not the authorized officer during the said period – Appellant had no role to play in the transaction leading to the FIR as he was not a signatory to the sale certificate – Since the appellant was neither the authorized officer at the relevant time nor responsible for the auction process or issuance of the sale certificate, the allegations against him are baseless and do not attract criminal liability – Continuation of the instant criminal proceedings against the appellant would lead to abuse of process of law, cause miscarriage of justice and inordinately harass the appellant who has been implicated without due cause – Impugned order set aside. [Para 18]

Keywords: Quashing of chargesheet · Suppression of acquisition of property · Cheating · Dishonest intention · False certificate · Forgery · Immunity to secured creditors and their officers · Quashing of criminal proceedings · Auction process · Sale certificate

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Vikram Nath, J. 1. Leave granted. 2. The present appeals have been preferred by the accused-appellant against the common judgment and order dated 12.01.2023 passed by the High Court of Madras in Crl. O.P. (MD) 21417 of 2016 and Crl. O.P. (MD) No. 10979 of 2016, whereby the High Court dismissed the appellant’s petition under Section 482 of the Code of Criminal Procedure, 19731 to quash the chargesheet and consequential proceedings arising out of CC. No. 308 of 2016 on the file of the Judicial Magistrate No. 1, Tirunelveli. 3. The case of the prosecution in the instant matter is tha
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