Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | 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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – FIR and charge-sheet – Quashing of – FIR was registered against appellant-accused u/ ss. 468, 471, 406 and 120-B of IPC – Appellant-accused claim themselves to be spiritual leaders and are related to a religious/ spiritual society – It was alleged that appellant-accused had committed theft as well as criminal breach of trust in respect of a bus – Appellant-accused sought quashing of the criminal proceedings – High Court dismissed the criminal revisions – On appeal, held: As per the case of the complainant, the alleged incident of bus theft had taken place in the year 2001, and it was only in 2009 that the substantial complaint was made in the Court of CJM – No concrete action was taken with regard to the alleged theft of bus for a long period of eight years, till filing of complaint in the year 2009 – There is no substantial material or document produced by the complainant to substantiate the allegations against the appellants – Even after investigation, there was no evidence collected by the investigating officer to prima facie satisfy ingredients of alleged offences – Allegations made in the complaint and the charge-sheet taken at their face value none of the ingredients of the offences are made out – No expert opinion obtained or scientific evidence collected on documents allegedly forged to show as to by whom, when and how the theft of vehicle and forgery of documents were committed – Respondent-complainant has misused and abused the process of law to settle personal scores with the appellants – In the facts and circumstances, criminal proceedings against the appellants quashed. Administration of Justice – Abuse of process of any Court – discussed. |
Judge | Hon'ble Ms. Justice Bela M. Trivedi |
Neutral Citation | 2023 INSC 554 |
Petitioner | Chanchalpati Das |
Respondent | The State Of West Bengal & Anr. |
SCR | [2023] 6 S.C.R. 655 |
Judgement Date | 2023-05-18 |
Case Number | 1592 |
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