Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Protection of Children from Sexual Offences Act, 2012 (32 of 2012) 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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – s.482 – Inherent power of High Court – Appellants-accused and respondent no.2- complainant belong to same family and are neighbours – In 2015, father of the accused filed suit against the complainant for partition of properties which led to several altercations among the parties – On 29.08.16, complainant filed application u/s.156(3), CrPC alleging that on 19.07.16 when his daughters had gone to public hand pump outside their house for fetching water, the accused persons indulged in indecent gestures towards them and had also beaten them – It was further alleged that on the same day, the accused persons entered the house of complainant and started beating him and his daughters – Application rejected – Another complaint was filed levelling the same allegations made in earlier application – Sessions Judge summoned the appellants – Appellants filed application u/s.482, CrPC – Dismissed – On appeal, held: Dispute regarding property between complainant and father of the appellant was pending much before the alleged incident dtd. 19.07.16 – Fact that on the same date of the incident, the Police visited the spot and drew proceeding u/ss.151, 107 & 116 CrPC against both the parties and they were required to maintain peace is a clear pointer to the nature of quarrel between them – It was more than six weeks thereafter that for the first time an application u/s.156(3), CrPC was filed by the complainant against the accused – Further, Sessions Judge in his summoning order did not believe the second incident in the complaint alleging that the appellants, their father and other accused entered into the house and started beating the complainant and his daughters – Non believing on one part of the alleged incident in the complaint throws shadow of doubt on the earlier part of the incident – On facts, criminal proceedings were initiated by complainant with an ulterior motive due to personal grudge – High Court although noticed the judgment of Supreme Court in Bhajan Lal case but did not examine the facts as to whether present is a case which falls in any of the category enumerated therein – Present case clearly falls in category VII of Bhajan Lal’s case – High Court failed to exercise jurisdiction u/s.482, CrPC – Criminal proceedings against the appellants are quashed – Penal Code, 1860 – ss.323, 354, 452, 504, 506 – Protection of Children from Sexual Offences Act, 2012– s.4, 7 & 8. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 112 |
Petitioner | Ahmad Ali Quraishi And Anr. |
Respondent | The State Of Uttar Pradesh & Anr. |
SCR | [2020] 1 S.C.R. 170 |
Judgement Date | 2020-01-30 |
Case Number | 138 |
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