TaxTMI 
TaxTMI 
2013 (1) TMI 853
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....7, 447 and 506, read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC'). Though the appellant was arrested in pursuance of the said FIR, however, subsequently he was enlarged on bail. B. Aggrieved, the appellant filed a complaint against respondent no.1, as well as against the police officials involved and in view thereof, FIR No.569 of 2005 under Sections 447, 323, 429 and 34 IPC was registered. The appellant engaged one Pradeep Rana, Advocate, respondent no.2 and filed Writ Petition (Crl.) No. 1667 of 2005, inter- alia, seeking a direction for quashing of FIR No. 254 of 2005. The said writ petition was dismissed in limine vide order dated 29.9.2005. In the meantime, in the criminal proceedings launched by the appellant, a charge sheet was filed against respondent no.1 in December, 2005. C. After investigating the allegations made in FIR No. 254 of 2005 against the appellant, the police submitted a final report dated 20.2.2006, under Sections 173 and 169 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.'), in the court of the Metropolitan Magistrate, Delhi. Respondent no.1 approached the revenue authorities i.e. T....
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....15.12.2008. The High Court accepted the version of events submitted by the appellant, and simultaneously, also the apology tendered by respondent no.2 and thereafter, it closed the said criminal proceedings at the instance of respondent no.1, vide order dated 16.2.2009. I. After a period of six months thereof, respondent no.1 filed a criminal complaint under Section 3(1)(viii) of the Act 1989, for the filing of a false criminal writ petition by the appellant in the High Court of Delhi, and further and more particularly, the second writ petition, without disclosing the factum of filing and dismissal of the aforementioned first writ petition. The Metropolitan Magistrate rejected the said complaint vide order dated 13.8.2009 on the ground that the High Court had closed the contempt proceedings initiated against the appellant, as well as against respondent no.2, at the instance of respondent no.1. J. Aggrieved, respondent no.1 filed Revision Petition No.23 of 2009 before the ASJ, Rohini Court, Delhi. As regards FIR No. 16 of 2007, the Special Judge (SC/ST) refused to proceed against the appellant and others, making serious comments regarding the conduct of respondent no.1, as well as....
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....h criminal proceedings and that whether the same are false, malicious and vexatious, is yet to be established during trial. This is not the stage where any inference in this regard can be drawn. Furthermore, pendency of the issue regarding the ownership of the said land before the revenue court, is no bar so far as criminal proceedings are concerned. Thus, the appeal is liable to be dismissed. 5. We have considered the rival submissions, and heard both, Shri Rakesh Khanna, learned ASG for the State of Delhi, and Shri Prasoon Kumar, Advocate, for respondent no.2, and have also perused the record. 6. So far as Contempt Case (Crl.) No.10 of 1007 is concerned, it is evident that the appellant, after becoming aware of the fact that a second writ petition was filed in his name, filed a complaint before the Bar Council of Delhi, through its Secretary against respondent no.2 on 29.12.2007 (Annx. P/11), wherein it was stated that the said second writ petition No. 1667 of 2005 was filed without his instructions, using papers signed by him in good faith, in the office of respondent no.2, at his instance. Upon considering the reply of the appellant, the High Court issued notice to Pradeep Ra....
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....h the application of the provisions of the Act 1989, and held that 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 said Act 1989 should be committed against him on the basis of the fact that such a person belongs to a Scheduled Caste or Scheduled Tribe. In the absence of such ingredient, no offence under Section 3 (2)(v) of the Act is made out. 10. Section 3(1)(viii) of the Act 1989 reads as under: "Punishment for offences of atrocities:(1) Whoever, not being a member of Scheduled Caste or a Scheduled Tribe,- (i) xx xx xx viii) institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe; ix) xx xx xx shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine." 11. The dictionary meaning of word `false' means that, which is in essence, incorrect, or purposefully untrue, deceitful etc. Thus, the word 'false', is used to cover only unlawful falsehood. It means something that is d....
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....ual intent to cause the particular harm which is produced or harm of the same general nature, or (b) the wanton and wilful doing of an act with awareness of a plain and strong likelihood that such harm may result. 'MALICE' consists in a conscious violation of the law to the prejudice of another and certainly has different meanings with respect to responsibility for civil wrongs and responsibility for crime. Malicious prosecution means - a desire to obtain a collateral advantage. The principles to be borne in mind in the case of actions for malicious prosecutions are these:-Malice is not merely the doing of a wrongful act intentionally but it must be established that the defendant was actuated by malus animus, that is to say, by spite or ill will or any indirect or improper motive. But if the defendant had reasonable or probable cause of launching the criminal prosecution no amount of malice will make him liable for damages. Reasonable and probable cause must be such as would operate on the mind of a discreet and reasonable man; 'malice' and 'want of reasonable and probable cause,' have reference to the state of the defendant's mind at the date of the initiation of criminal pr....
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....fence alleged to arise out of the transaction, which requires the court to arrive at a conclusion inconsistent with the conclusion reached at the earlier trial, is prohibited by the rule of issue estoppel. In order to invoke the rule of issue estoppel, not only the parties in the two trials should be the same but also, the fact in issue, proved or not, as present in the earlier trial, must be identical to what is sought to be re-agitated in the subsequent trial. If the cause of action was determined to exist, i.e., judgment was given on it, the same is said to be merged in the judgment. If it was determined not to exist, the unsuccessful plaintiff can no longer assert that it does; he is estopped per rem judicatam. (See: Manipur Administration, Manipur v. Thokchom, Bira Singh, AIR 1965 SC 87; Piara Singh v. State of Punjab, AIR 1969 SC 961; State of Andhra Pradesh v. Kokkiligada Meeraiah & Anr., AIR 1970 SC 771; Masud Khan v. State of U.P., AIR 1974 SC 28; Ravinder Singh v. State of Haryana, AIR 1975 SC 856; Kanhiya Lal Omar v. R.K. Trivedi & Ors., AIR 1986 SC 111; Bhanu Kumar Jain v. Archana Kumar & Anr., AIR 2005 SC 626; and Swamy Atmananda and Ors. v. Sri Ramakrishna Tapovanam a....
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....the decision. (Vide: Smt. Somavanti & Ors. v. The State of Punjab & Ors., AIR 1963 SC 151; Ballabhdas Mathuradas Lakhani & Ors. v. Municipal Committee, Malkapur, AIR 1970 SC 1002; Ambika Prasad Mishra v. State of U.P. & Ors., AIR 1980 SC 1762; and Director of Settlements, A.P. & Ors. v. M.R. Apparao & Anr., AIR 2002 SC 1598). 22. In The Direct Recruit Class-II Engineering Officers' Association & Ors. v. State of Maharashtra & Ors., AIR 1990 SC 1607, a Constitution Bench of this Court has taken a similar view, observing that the binding nature of a judgment of a court of competent jurisdiction, is in essence a part of the rule of law on the basis of which, administration of justice depends. Emphasis on this point by the Constitution is well founded, and a judgment given by a competent court on merits must bind all parties involved until the same is set aside in appeal, and an attempted change in the form of the petition or in its grounds, cannot be allowed to defeat the plea. (See also: Daryao & Ors. v. State of U.P. & Ors., AIR 1961 SC 1457; and Forward Construction Co. & Ors. v. Prabhat Mandal (Regd.), Andheri & Ors. AIR 1986 SC 391). 23. The instant case is required to be decid....