Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administration of Justice –Abuse of Process of Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 (33 of 1989) Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Administration of Justice – Abuse of Process of Law – Civil dispute relating to land given the colour of criminality – Held: There is a huge unexplained delay of over 60 years in initiating dispute with regard to the ownership of the land in question – Criminal case was lodged only after failure to obtain relief in the civil suits coupled with denial of interim relief to the respondent no.2/her family members – Thus, criminal proceedings were resorted to with ulterior motives, for oblique reasons and vengeance – Further, even if the allegations are taken on their face value, no offence is made out under the SC/ST Act against the appellant – The complaint and FIR are frivolous, vexatious and oppressive – High Court fell in error in not invoking its wholesome power u/s. 482, CrPC to quash the FIR – Impugned judgment set aside – FIR and any proceedings emanating therefrom, relating to the appellant are quashed – Code of Criminal Procedure, 1973 – s. 482 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Penal Code, 1860. Code of Criminal Procedure, 1973 – s. 482 – Quashing of FIR – Scope of – Discussed. Code of Criminal Procedure, 1973 – s. 482 – Quashing of FIR under special statute – Held: The mere fact that the offence is covered under a ‘special statute’ would not inhibit Supreme Court or the High Court from exercising their respective powers u/Article 142 or s. 482, CrPC – Constitution of India – Article 142 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Administration of Justice – Administration of Criminal Justice – FIR – Invocation of provision of stringent statutes – Duty of officers – Held: Officers who institute an FIR, based on any complaint, are duty bound to be vigilant before invoking any provision of a very stringent statute, like the SC/ST Act, which imposes serious penal consequences on the concerned accused – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Criminal Law. |
Judge | Hon'ble Mr. Justice Ahsanuddin Amanullah |
Neutral Citation | 2023 INSC 511 |
Petitioner | Sri Gulam Mustafa |
Respondent | The State Of Karnataka & Anr. |
SCR | [2023] 5 S.C.R. 354 |
Judgement Date | 2023-05-10 |
Case Number | 1452 |
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