Code of Criminal Procedure, 1973:
s. 482 – Complaint u/s. 200 Cr.P.C – Alleging offences u/ss.
323, 504, 506, 429 IPC and ss.10 and 11 of Prevention of Cruelty
to Animals Act, 1960 – Lodged by respondent No. 2, against the
appellants, in the year 2018, in respect of an incident that occurred
in the year 2012 – Magistrate issued process against the appellants
– Confirmed by Sessions Judge – Appellants’ petition for quashing
the orders of Magistrate and the Sessions Judge dismissed – Appeal
to Supreme Court – Held: In the complaint in question, the
complainant (respondent No. 2) had suppressed the material fact
that a charge-sheet was already filed u/ss. 323, 325, 504 and 506
IPC against him and his wife in relation to the same incident –
Institution of fresh complaint was a concerted effort to mislead the
Court with the oblique motive to harass the appellants – conduct of
respondent No. 2 in filing delayed complaint case, suppressing
material facts and utilizing the fresh proceedings to materially
improve on his earlier version, amounts to gross abuse of the process
of the Court – Permitting multiple complaints by the same party in
respect of same incident would run counter to the principles
envisaged u/Art.21 of the Constitution i.e. right to life and liberty
and right to speedy trial – In exercise of inherent powers u/Art. 142
of the Constitution, in order to prevent abuse of process of the Court,
the criminal proceedings against the appellants are quashed – All
other litigations between the parties arising out of the incident in
question, are also quashed – Constitution of India – Arts.21 and
142.
Administration of Criminal Justice:
Role of lower judiciary – The trial Judge has a duty under
the Constitution and Cr.P.C. to identify and dispose of frivolous
litigation at an early stage Judiciary:
Justice delivery system – Should not be used as a tool to fulfill
personal vendetta – Frivolous litigations by misusing PIL jurisdiction
or by abusing criminal procedure should not become order of the
day.Art. 21 – Right to speedy trial – Would include not only the
actual trial, but also the preceding stages of inquiry and police
investigation as well.