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KRISHNA LAL CHAWLA & ORS. vs. STATE OF U.P. & ANR.

SCR Citation: [2021] 2 S.C.R. 550
Year/Volume: 2021/ Volume 2
Date of Judgment: 08 March 2021
Petitioner: KRISHNA LAL CHAWLA & ORS.
Disposal Nature: Appeal Allowed
Neutral Citation: 2021 INSC 160
Judgment Delivered by: Hon'ble Mr. Justice Mohan M. Shantanagoudar
Respondent: STATE OF U.P. & ANR.
Case Type: CRIMINAL APPEAL /283/2021
Order/Judgment: Judgment
1. Headnote

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.

2. Case referred
3. Act
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4. Keyword
  • Code of Criminal Procedure
  • 1973
5. Equivalent citation
    Citation(s) 2021 AIR 1381 = 2021 (5) SCC 435 = 2021 (5) Suppl. SCC 435 = 2021 (3) JT 271 = 2021 (3) Suppl. JT 271 = 2021 (3) SCALE 680