Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Quashing malicious |
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) 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 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.482 - Quashing of criminal proceedings - Contempt petition for filing two criminal writ petitions on same facts and for same relief - High Court closed the proceedings - Criminal complaint u/s 3(1)(viii) of 1989 Act filed for filing the said two criminal writ petitions - Held: High Court in contempt petition has dealt with the issue involved and the matter stood closed at the instance of complainant himself - Therefore, there can be no justification whatsoever to launch criminal prosecution on that basis afresh - Inherent power of court in dealing with an extraordinary situation is in the larger interest of administration of justice and for preventing manifest injustice being done -Thus, it is a judicial obligation on court to undo a wrong in course of administration of justice and to prevent continuation of unnecessary judicial process - It may be so necessary to curb the menace of such criminal prosecution - Complaint filed u/s 3(1)(viii) of 1989 Act is quashed - Scheduled Castes and Scheduled Tribes (Prevention of Attrocities) Act, 1989 - s.3(1)(viii) - Code of Criminal Procoedure, 1898 - s. 403(2). CRIMINAL LAW: Issued estoppel - Explained - Code of Criminal Procedure, 1898 - s.403(2). Scheduled Castes and Scheduled Tribes (Prevention of atrocities) Act, 1989:s.3(1)(viii) - Prosecution for filing of false, malicious or vexatious or criminal or other legal proceedings - Expressions, 'false', 'malafides' and 'vexatious - Connotation of - Held: Merely because the victim/complainant belongs to a Scheduled Caste or Scheduled Tribe, the same cannot be the sole ground for prosecution, for the reason that the offence mentioned under the Act should be committed against him on the basis of the fact that such a person belongs to a Scheduled Caste or a Scheduled Tribe - An unsuccessful application for the purpose of quashing the FIR lodged by complainant does not mean that a false case was filed against him.The appellant was arrested in connection with FIR No. 25412005 for offences punishable u/ss 427, 447 and 506 read with s.34 IPC filed by respondent no. 1. On his release on bail, he engaged respondent no.2 as his advocate and filed W. P. (Crl.) No. 1667 of 2005, inter alia, seeking to quash FIR No. 25412005. It was the case of the appellant that he was the owner and in possession of 1 bigha and 4 biswas of agricultural land with regard to which respondent no. 1 made an attempt to take forcible possession and also filed the criminal case. The said writ petition was dismissed. However, final report u/ss.173 and 169 CrPC was submitted in the court in FIR No. 254; and the claim of respondent no.1 for inclusion of his name in revenue records as a person in possession/ occupation was also rejected. Thereafter, W. P. (Crl.) No. 2657/2006 came to be filed by respondent no. 2 in the name of the appellant, containing the same averments as made in the first writ petition and seeking the same relief. This writ petition was dismissed in default. Thereafter respondent no.1 filed Contempt Case (Crl.) No. 10/2007 before the High Court against the appellant for filing the said two criminal writ petitions. The appellant filed a reply expressing his ignorance regarding the filing of the second criminal writ petition. Respondent no. 2 also tendered an unconditional apology. The High Court A accepted the version of the appellant and the apology of respondent no.2 and, by order dated 16.02.2009, closed the criminal proceedings. Respondent no.1 then filed a criminal complaint u/s 3(1)(viii) of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) Act, 1989 against the appellant for filing the said two criminal writ petitions. The Metropolitan Magistrate by his order dated 13.08.2009 dismissed the complaint. However, the revision of respondent no. 1 was allowed. The petition of the appellant u/s. 482 CrPC seeking to quash the criminal complaint having been dismissed by the High Court, he filed the appeal. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 30 |
Petitioner | Ravinder Singh |
Respondent | Sukhbir Singh & Ors. |
SCR | [2013] 1 S.C.R. 243 |
Judgement Date | 2013-01-11 |
Case Number | 67 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |