Supreme Court · 1989 INSC 243 · Decided 11 August 1989
State of U.P. Through C.B.I. S.P.E. Lucknow v. R.K. Srivastava and ANOTHER.
- Court
- Supreme Court of India
- Citation
- 1989 INSC 243 · [1989] 3 S.C.R. 834
- Case number
- CRIMINAL APPEAL No. 380/1989
- Decided
- 11 August 1989
- Bench
- M.M. DUTT, S. RATNAVEL PANDIAN, T.K. THOMMEN (3-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 120B, 420, 468, 471; CrPC Section 154, 482; Prevention of Corruption Act Section 5(l)(d)
Headnote
Criminal Procedure Code, 1973: Section 154-F.I.R.-Al/ega­ tions contained in FIR taken on face value and accepted in entirety do .,_, not constitute offence-Whether criminal proceedings could be ; , quashed. I c ~ The respondents, two employees of a nationalised Bank and two account-holders, under Sections 120B, 420, 468, 471 I.P.C. and 5(2) read with Section 5(l)(d) of the Prevention of Corruption Act, 1947. The F .I.R. alleged that the two \ D Bank employees entered into a criminal conspiracy with the two account-holders to cheat the Bank and, in pursuance thereof an amount of
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