Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure I973 - s.482 - Quashing of - The complainant her husband and her son had borrowed some amounts from the accused persons |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, I973 - s.482 - Quashing of - The complainant, her husband and her son had borrowed some amounts from the accused persons - Ensuring repayment to accused. various cheques were drawn, which were dishonoured - Pursuant thereto, complaints uls.138 Negotiable Instruments Act were filed by the accused - Thereafter, complainant alleged rape by the accused at her house and filed application uls. I 56(3) Cr.P. C. before magistrate- During investigation, JO recorded statement of prosecutrixlcomplainant u/s.I64 Ci:PC. and after considering other materials came to conclusion that no such incident took place and submitted final report - But, Magistrate found sufficient grounds to proceed and summoned the accused - Revision filed by accused against the order, was dismissed - High Court also dismissed application uls. 482 Cr.P. C. - On appeal, held: No medical examination of the complainant was done on the date of incident - It was done after almost a month, which was totally irrelevant - Further, Brother-in-law and sister-in-law of complainant recorded • their statements that complainant had lodged a false report - Investigating officer also could not find any proof of offence - Apart from bald assertions by the complainant that all accused raped ·her, there was nothing which could have led the Courts to form an opinion against the accused - The materials indicated that the criminal proceedings were manifestly attended with malafide and maliciously instituted with ulterior motive - Therefore, judgment of High Court as well as orders passed by lower courts including the entire criminal proceedings quashed - Penal Code, I860 - ss.452. 376(d), 323. Code of Criminal Procedurq, I973 - s. 482 - Inherent powers of High Court - Held:· In case solemn process of court is sought to be abused by a person with oblique motive, the Court has to thwartthe attempt at the very threshold - The Court cannot permit a prosecution to go on, if the case falls in one of the categories illustratively enumerated in the case of State of Haryana v. Bhajan Lal - Judicial process cannot be allowed to be converted into an instrument of operation or harassment - Administration of Justice. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 305 |
Petitioner | Vineet Kumar & Ors. |
Respondent | State Of U.p. & Anr. |
SCR | [2017] 6 S.C.R. 922 |
Judgement Date | 2017-03-31 |
Case Number | 577 |
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