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1985 (3) TMI 60 - SC - Income TaxWhether or not a clear allegation of entrustment and misappropriation of properties was made by the appellant in her complaint? Whether the High Court justified in quashing the complaint at that stage? Held that:- The allegations of the complainant in this appeal and the appeals before the Allahabad and the Punjab and Haryana High Court show that it is not so but is pure figment of the High Courts' imagination as a result of which the High Courts completely shut their eyes to the fact that the husband could also be guilty under s. 405/406, IPC, in view of the clear allegations made in the complaint. In other words, the High Courts simply refuse to believe that there can be any such entrustment and even if it is so, no offence is committed. Such an approach amounts to a serious distortion of the criminal law, resulting in perpetrating grave and substantial miscarriage of justice to the wife at the hands of the High Courts. We cannot countenance such a wrong and perverse approach. For the reasons given above, we are satisfied that as the complaint prima facie disclosed an offence of criminal breach of trust, as defined in s. 405/406 of the Indian Penal Code, the High Court was not justified in quashing the complaint. Appeal allowed, set aside the judgment of the High Court and restore the complaint filed by the appellant and direct that the accused may be summoned, if not already summoned, and put on trial in accordance with law.
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