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High Court dismissed petition seeking quashing of FIR related to clandestine manufacture and supply of cement clinker and cement without invoices and accounting. Court held second FIR maintainable as offense under GST Act would not cover misappropriation of company funds for personal use resulting in wrongful loss. Allegations in second FIR pertain to misappropriation of company funds, distinct from allegations in first FIR regarding document forgery. Complainant having interest in company has locus standi to initiate proceedings. High Court should be slow in interfering with criminal proceedings at initial stage unless complaint discloses no offense or prosecution barred. Powers u/s 482 CrPC wide but require caution in exercise. Investigation at nascent stage, second FIR based on different facts not covered in first FIR, hence maintainable despite some overlap.
High Court dismissed petition seeking quashing of FIR related to clandestine manufacture and supply of cement clinker and cement without invoices and accounting. Court held second FIR maintainable as offense under GST Act would not cover misappropriation of company funds for personal use resulting in wrongful loss. Allegations in second FIR pertain to misappropriation of company funds, distinct from allegations in first FIR regarding document forgery. Complainant having interest in company has locus standi to initiate proceedings. High Court should be slow in interfering with criminal proceedings at initial stage unless complaint discloses no offense or prosecution barred. Powers u/s 482 CrPC wide but require caution in exercise. Investigation at nascent stage, second FIR based on different facts not covered in first FIR, hence maintainable despite some overlap.
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