TaxTMI 
TaxTMI 
2022 (4) TMI 1467
X X X X Extracts X X X X
X X X X Extracts X X X X
....aint filed by the Respondent No.2 under Section 365 read with Section 511 of the Indian Penal Code, 1860 (IPC) and Section 3(1)(Dha) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989, hereinafter referred to as "the Atrocities Act". 2. Mr. Ranjit Kumar, Senior Advocate appearing on behalf of the Petitioners opened his arguments contending that this case is a classic example of malicious prosecution of the petitioners, who have been embroiled in a false criminal case, due to political animosity. The complaint in the Court of the 2nd Additional District and Sessions Judge/Special Judge under the Atrocities Act, under section 156 (3) of the CrPC , which has given rise to these proceedings, has been filed by the Respondent No. 2 at the instance of Devendra Agarwal, ExMLA , a political opponent of the Petitioner No. 1. The Petitioner No. 1 and the said Devendra Aggarwal had fought elections against each other several times. 3. Earlier, on or about 1st January 2010, Smt. Meera Devi, wife of the Respondent No.2 had filed a complaint before the District Magistrate, Mahamaya Nagar District (now Hathras District) stating that the Respondent No.2 had been abd....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ushpendra's father, Ramhari Sharma lodged an FIR, arraigning Devendra Aggarwal as Accused No.1, pursuant to which a criminal case was started against Devendra Aggarwal and others, inter alia, under Section 302 of the Indian Penal Code. 10. It is stated that since Devendra Aggarwal was the sitting MLA of the ruling party, the police did not take action to arrest him. The father of the deceased Pushpendra, Ramhari Sharma filed a Criminal Misc. Writ Petition No.2739/2017 in the High Court praying for action against Devendra Aggarwal. 11. On 26th October 2017, the Respondent No.2 filed an application in the Court of the Additional Sessions Judge/Special Judge SC/ST Act, Hathras under Section 156(3) of the Cr.P.C alleging that the Petitioner No.1 along with his Personal Assistant, Ranu Pandit, being the Petitioner No.2 and 67 other persons had abused him in filthy language and asked his associates to drag him into the car which they could not do, as a crowd had gathered, and there was resistance put up. The Respondent No.2 prayed for direction on the SHO, Chandappa Police Station to register the case against the Petitioners. 12. The relevant averments in the said complaint are ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... former and sitting legislators to as many as Sessions Courts and Magisterial Courts as each High Court might consider fit and expedient. Pursuant to administrative directions issued by the High Court, and pursuant to the directions of this Court, Complaint Case No.19/2018 was transferred to the Additional District and Sessions Judge Court No.4, Hathras, as the Petitioner No.1 was a legislator/former legislator. 16. On being prima facie satisfied that the complaint case No.19/2018 made out a prime facie case against the Petitioners, the Additional District and Sessions Judge, Court No.4, Hathras passed an order dated 17th September 2021, taking cognizance of the charges against the Petitioners and issuing summons to the Petitioners. 17. Aggrieved by the aforesaid order dated 17th September 2021, the Petitioners filed an application under Section 482 of the Cr.P.C in the High Court and prayed that entire proceedings in Complaint Case No. 19/2018 as well as the cognizance order dated 17th September 2021 be quashed. 18. By an order dated 5th January 2022, the High Court admitted the application under Section 482 of the Cr.P.C. and stayed further proceedings in Complaint Case ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....on in the Official Gazette, specify for such Districts, the Court of Session to be a Special Court to try the offences under this Act; Provided further that the Courts so established or specified shall have power to directly take cognizance of offences under this Act." ****** 28. Considering the aforesaid legislative history which brought to insertion of proviso to Section 14 of the Atrocities Act, by which, even the Special Court so established or specified for the purpose of providing for speedy trial the power to directly to take cognizance of offences under the Atrocities Act, 1989, the issue/question posed whether in a case where for the offences under Atrocities Act, the cognizance is taken by the learned Magistrate and thereafter the case is committed to the Court of Sessions/Special Court and cognizance is not straightway taken up by the learned Special Court/Court of Session, whether entire criminal proceedings for the offences under the Atrocities Act, 1989 can be said to have been vitiated, as so observed by the High Court in the impugned judgment and order ? 29. On fair reading of Sections 207, 209 and 193 of the Code of Criminal Procedure ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....o to Section 14 which confers powers upon the Special Court also to directly take cognizance of the offences under the Atrocities Act and thereafter case is committed to the Special Court/Court of Session. 30. In support of the above conclusion, the words used in second proviso to Section 14 are required to be considered minutely. The words used are "Court so established or specified shall have power to directly take cognizance of the offences under this Court". The word "only" is conspicuously missing. If the intention of the legislature would have to confer the jurisdiction to take cognizance of the offences under the Atrocities Act exclusively with the Special Court, in that case, the wording should have been "that the Court so established or specified only shall have power to directly take cognizance of offences under this Act". Therefore, merely because now further and additional powers have been given to the Special Court also to take cognizance of the offences under the Atrocities Act and in the present case merely because the cognizance is taken by the learned Magistrate for the offences under the Atrocities Act and thereafter the case has been committed to the lea....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nder Section 482 of the Cr.P.C is not to be exercised for the asking. 28. In Monica Kumar (Dr.) v. State of U.P. (2008) 8 SCC 781 , this Court held that inherent jurisdiction under Section 482 of the Cr.P.C has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the section itself. 29. In exceptional cases, to prevent abuse of the process of Court, the High Court might in exercise of its inherent powers under Section 482 quash criminal proceedings. However, interference would only be justified when complaint did not disclose any offence, or was patently frivolous, vexatious or oppressive, as held by this Court in Mrs. Dhanalakshmi v. R. Prasanna Kumar AIR 1990 SC 494. 30. The fact that the complaint may have been initiated by reason of political vendetta is not in itself ground for quashing the criminal proceedings, as observed by Bhagwati, CJ in Sheonandan Paswan v. State of Bihar and Others (1987) 1 SCC 288. It is a well established proposition of law that a criminal prosecution, if otherwise justified and based upon adequate evidence, does not become vitiated on account of mala fides or po....
X X X X Extracts X X X X
X X X X Extracts X X X X
....r specific power under the same Code." . Another important consideration which is to be kept in mind is as to when the High Court acting under the provisions of Section 482 should exercise the inherent power insofar as quashing of criminal proceedings are concerned. This matter was gone into in greater detail in Smt Nagawwa v. Veeranna Shivalingappa Konjalgi [(1976) 3 SCC 736 : 1976 SCC (Cri) 507 : 1976 Supp SCR 123 : 1976 Cri LJ 1533] where the scope of Sections 202 and 204 of the present Code was considered and while laying down the guidelines and the grounds on which proceedings could be quashed this Court observed as follows: [SCC para 5, p. 741 : SCC (Cri) pp. 51112] "Thus it may be safely held that in the following cases an order of the Magistrate issuing process against the accused can be quashed or set aside: (1) where the allegations made in the complaint or the statements of the witnesses recorded in support of the same taken at their face value make out absolutely no case against the accused or the complaint does not disclose the essential ingredients of an offence which is alleged against the accused; (2) where the allegations made in the comp....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s. This power is to be used sparingly and only for the purpose of preventing abuse of the process of any court or otherwise to secure ends of justice. Whether a complaint discloses a criminal offence or not depends 14 upon the nature of facts alleged therein. Whether essential ingredients of criminal offence are present or not has to be judged by the High Court. ..." 34. In Madhavrao Jiwajirao Scindia v. Sambhajirao Chandrojirao Angre (1988) 1 SCC 692, a threeJudge Bench of this Court summarized the law with regard to quashing of criminal proceedings under Section 482 of the Cr.P.C. This Court held: "The legal position is well settled that when a prosecution at the initial stage is asked to be quashed, the test to be applied by the court is as to whether the uncontroverted allegations as made prima facie establish the offence. It is also for the court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue. This is so on the basis that the court cannot be utilised for any oblique purpose and where in the opinion of the court chances of an ulti....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cogizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a noncognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar en....