Criminal Case for Civil Dispute – Misuse of Police Investigation
On bare reading of FIR, it is clear that a plain and simple dispute involving non-execution of a registered sale deed in terms of so-called oral agreement to sell has been given the cloak of a criminal case by misuing the criminal machinery.
This is a classic case of the complainant who seems to be wielding some clout in the State of Telangana, misusing the process of police investigation so as to entangle the accused-appellants in a totally false and frivolous prosecution for offences under Sections 406 and 420 of the IPC.
The complainant clearly has manipulated and distorted the facts and has used influence for getting the FIR registered against the appellants.
Not only this, appellant no.1 being 70 years old lady and wife of a retired Army Officer was arrested in this false and frivolous FIR and humiliated by keeping her in the custody for almost eight days.
Exemplary costs of Rs.10 lakhs is imposed on the complainant for misusing the process of criminal law and entangling the appellants, who are the wife and daughter of a retired Army Major General, in a totally false and concocted criminal case.
Judgment dated 18.7.2025 of the Supreme Court of India in SLP (Criminal) No.10748 of 2023 of Mala Choudhary and another Vs. State of Telangana and another
