SC: Sec.156(3) CrPC being misused by Litigants to give Criminal Colour to Civil Disputes,

 

The Supreme Court has observed that whenever Section- 156(3) Cr.P.C. gets misused by the litigant to give criminal colour to civil disputes, the powers under Section 482 CrPC can be exercised to quash the same.

The  Division Bench of Justice Ajay Rastogi and Justice C.T. Ravi Kumar in this view quashed the case against the appellant after assessing that application filed under Section- 156(3) Cr.P.C. didn't satisfy the essential ingredients to attract the alleged offences and adjudging the allegations as 'vague'.

The Court also found out about the supression of pending civil application in the matter.

The FIR against the appellant was lodged for offences under Sections 323, 384, 406 , 423, 467, 468, 420 and 120B IPC.

The High Court declined to exercise the jurisdiction under Section 482 Cr.P.C. holding that perusal of the case diary as also the materials appearing therefrom prima facie made out a case for investigation. In that view of the matter, the interim order granting stay of all further proceedings pursuant to the registration of the stated F.I.R. was vacated and the stated petition was dismissed.

The appellant has contended that application moved by the respondent herein before the learned Magistrate didn't disclose commission of any cognizable offence, that the allegations in the complaint are actuated by mala fides, that the allegations would reveal that they pertain to pure civil dispute between the parties and in fact the respondent did resort to civil remedies, that he failed in obtaining favourable order in interlocutory applications moved in a duly instituted suit and upon its frustration and as a tool for oppression and harassment he moved the application which culminated in the registration of the F.I.R. without disclosing the crucial aspects that in respect to the subject matter the suit instituted by him.

It was further contended that the respondent herein had suppressed certain further aspects viz., that much before the filing of the application based on which the F.I.R. was registered he was removed from the post of Secretary and in fact, from the membership of the very Board of Trustees. Initially, he moved the office of Labour Commissioner raising grievances against such removal from the office of the secretary before instituting the stated suit.

The Court, at the outset, opined that exercise of powers under Section-482 Cr.PC. must be for securing the ends of justice and only in cases where refusal to exercise that power may result in the abuse of process of law.

 

It noted that the accused persons keeping complainant in the dark and without giving any information by strengthening the said Trust Deed illegally got the same registered and removed the complainant illegally from his post from the said Trust.

It also mentioned that despite the institution of the civil suit and its pendency before the First Court of Civil Judge, Junior Division, Barasat, the respondent made contrary statements in the affidavit submitted before the Court.

 

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(With input from news agency language)

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