2025 INSC 558 : https://lawyerslibrary.in/books/ghiz/
Supreme Court of India
*Vikram Nath, J., Sandeep Mehta, J.
SLP (Crl.) Nos. 5815-5816 of 2023; April 23, 2025
Sivakumar v. The Inspector of Police
Code of Criminal Procedure, 1973 – Section 482 – Quashing of Criminal Proceedings – SARFAESI Act, 2002 – Section 32 – Immunity for Actions in Good Faith – Auction of Property – Allegation of Cheating and Forgery – Role of Authorized Officer – Abuse of Process of Law
The appellant, an employee of HDFC Ltd., challenged the Madras High Court’s order dismissing his petition to quash criminal proceedings under Sections 197, 417, 418, 467, 468, and 420 of IPC, arising from an auction sale of a property under the SARFAESI Act, 2002. The complainant alleged that the property, purchased in a 2012 auction, was already acquired by the Tamil Nadu Housing Board, and the appellant suppressed this fact, leading to cheating and forgery. The Supreme Court found that the appellant was not the authorized officer during the auction process or issuance of the sale certificate in 2012, as he assumed the role of Manager only in November 2014. No direct involvement of the appellant was established in the transaction. The Court held that continuing criminal proceedings against the appellant would constitute an abuse of process, causing miscarriage of justice. The appeals were allowed, the High Court’s order was set aside, and the criminal proceedings in CC No. 308 of 2016 were quashed.
Held: Criminal proceedings against an individual not directly involved in the alleged offence, particularly when not holding the position of responsibility at the relevant time, are liable to be quashed under Section 482 Cr.P.C. to prevent abuse of process and harassment.