NDLI: Krishna Lal Chawla & Ors. Vs. State of U.p. & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure 1973
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1973: s. 482 – Complaint u/s. 200 Cr.P.C – Alleging offences u/ss. 323, 504, 506, 429 IPC and ss.10 and 11 of Prevention of Cruelty to Animals Act, 1960 – Lodged by respondent No. 2, against the appellants, in the year 2018, in respect of an incident that occurred in the year 2012 – Magistrate issued process against the appellants – Confirmed by Sessions Judge – Appellants’ petition for quashing the orders of Magistrate and the Sessions Judge dismissed – Appeal to Supreme Court – Held: In the complaint in question, the complainant (respondent No. 2) had suppressed the material fact that a charge-sheet was already filed u/ss. 323, 325, 504 and 506 IPC against him and his wife in relation to the same incident – Institution of fresh complaint was a concerted effort to mislead the Court with the oblique motive to harass the appellants – conduct of respondent No. 2 in filing delayed complaint case, suppressing material facts and utilizing the fresh proceedings to materially improve on his earlier version, amounts to gross abuse of the process of the Court – Permitting multiple complaints by the same party in respect of same incident would run counter to the principles envisaged u/Art.21 of the Constitution i.e. right to life and liberty and right to speedy trial – In exercise of inherent powers u/Art. 142 of the Constitution, in order to prevent abuse of process of the Court, the criminal proceedings against the appellants are quashed – All other litigations between the parties arising out of the incident in question, are also quashed – Constitution of India – Arts.21 and 142. Administration of Criminal Justice: Role of lower judiciary – The trial Judge has a duty under the Constitution and Cr.P.C. to identify and dispose of frivolous litigation at an early stage Judiciary: Justice delivery system – Should not be used as a tool to fulfill personal vendetta – Frivolous litigations by misusing PIL jurisdiction or by abusing criminal procedure should not become order of the day.Art. 21 – Right to speedy trial – Would include not only the actual trial, but also the preceding stages of inquiry and police investigation as well.
Judge	Hon'ble Mr. Justice Mohan M. Shantanagoudar
Neutral Citation	2021 INSC 160
Petitioner	Krishna Lal Chawla & Ors.
Respondent	State Of U.p. & Anr.
SCR	[2021] 2 S.C.R. 550
Judgement Date	2021-03-08
Case Number	283

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Krishna Lal Chawla & Ors. Vs. State of U.p. & Anr.

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