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Vipin Sahni and Anr. vs. Central Bureau of Investigation

Not available · 2024 INSC 284Decided 8 Apr 2024
Not available
Justice Aniruddha Bose · Justice Sanjay Kumar

Background

The appellants, a husband and wife who ran an educational society in Noida, were accused of obtaining AICTE approvals for three educational institutions by concealing that the land used was mortgaged to a bank. A trial court discharged them of cheating and criminal conspiracy charges, but the Allahabad High Court, acting on a CBI petition filed under Section 482 Cr.P.C. (long after the 90-day limitation period for a criminal revision had expired), set aside the discharge and revived the case.

Decision Breakdown

The Supreme Court found that the first application had actually disclosed the mortgage and bank loan, and the AICTE granted approval despite this disclosure and never itself complained of being deceived, so an essential ingredient of "cheating" (dishonest inducement of the deceived party) was missing. The Court also held that the CBI could not use the High Court's inherent powers under Section 482 Cr.P.C. to bypass the 90-day limitation period that applies to a criminal revision under Section 397 Cr.P.C., since a specific statutory remedy existed. On both grounds, the discharge order was restored and the appellants were fully discharged.

Lesson Learnt

A cheating charge cannot survive when the very party alleged to have been deceived was informed of the material facts and raises no complaint of deception, and a litigant cannot use the High Court's inherent Section 482 powers as a backdoor to escape a missed limitation period for the specific remedy of revision.

Official source (sci.gov.in)View Judgment (PDF)

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