Sana Raees Khan on the quashing of FIR against Tanu Weds Manu producer: This judgment protects countless others from malicious prosecution
The
Supreme Court
recently quashed a cheating case filed against Bollywood producer Shailesh R Singh, known for films like
Tanu Weds Manu
. The court observed that monetary recovery cannot be sought through criminal proceedings or police intervention, stating that such disputes should be resolved through appropriate civil mechanisms.
The bench also expressed displeasure at the manner in which the Allahabad High Court dealt with Singh's petition to quash the FIR lodged by complainant Kunal Jain.
T
he dispute arose after the film Lady Killer, produced by Singh, underperformed at the box office. The complainant, who had invested money in the project, allegedly failed to recover his investment with interest and subsequently filed a criminal case.
Advocate Sana Raees Khan, representing Singh, argued that the FIR stemmed from a civil dispute that had been wrongly given a criminal colour. She pointed out that Singh is the co-founder and production head of a company engaged in the production of motion pictures, and that a commercial disagreement was being misrepresented as a criminal offence.
Khan told the court that the FIR did not disclose any prima facie case of cheating or criminal intent.
by Taboola
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She argued, 'In order to constitute the offence of cheating, there must be evidence indicating that the accused intended to deceive the complainant right from the beginning. A plain reading of the FIR, which alleges that an amount of ₹9.56 crore is due from the petitioner, fails to establish any element of criminality.
'
She further highlighted that the High Court had directed Singh to undergo mediation and deposit ₹25 lakh in advance with the complainant before mediation proceedings — a move she said prejudged the outcome and undermined the very purpose of the quashing petition.
Commenting on the outcome, Sana told us, 'This landmark judgment not only protects my client Shailesh Singh but also offers relief to countless others facing malicious prosecutions. I am proud to have led this legal battle and secured a precedent that upholds the sanctity of criminal justice. It's a verdict that will resonate far beyond this case. I remain deeply respectful of the judiciary's wisdom.'
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