Section 482 CrPC- Criminal Proceedings Cannot Be Quashed Merely Because Complaint Was Lodged By Political Rival: Supreme Court

The Supreme Court observed that criminal proceedings cannot be quashed under Section 482 of the Cr.P.C. only because the complaint was lodged by a political rival.

The fact that the complaint may have been initiated by reason of political vendetta is not in itself ground for quashing the criminal proceedings, the bench comprising Justices Indira Banerjee and AS Bopanna observed.

The bench observed thus while upholding the judgment of  Allahabad High Court dismissing the petition filed by Ramveer Upadhyay the accused challenged the order of Additional District and Sessions Judge, Hathras taking cognizance of the complaint filed 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.

In appeal before the Apex Court, the accused contended that this case is a classic example of malicious prosecution due to political animosity. It was submitted that the complaint under section 156 (3) of the CrPC was filed at the instance of Devendra Agarwal, Ex­ MLA , a political opponent of the accused.

The court, referring to various judgments that deal with the scope of powers of the High Court under Section 482 CrPC, observed that the jurisdiction under Section 482 of the Cr.P.C is not to be exercised for the asking. On the issue of complaint being lodged at the instance of political rival, the court observed thus:

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 . 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 political vendetta of the first informant or complainant. Though the view of Bhagawti, CJ in Sheonandan Paswan (supra) was the minority view, there was no difference of opinion with regard to this finding. To quote Krishna Iyer, J., in State of Punjab v. Gurdial Singh , "if the use of power is of fulfilment of a legitimate object the actuation or catalysation by malice is not legicidal."

The court noted that the allegations in the complaint constitute offence under the Atrocities Act and whether the allegations are true or untrue, would have to be decided in the trial.

"In exercise of power under Section 482 of the Cr.P.C., the Court does not examine the correctness of the allegations in a complaint except in exceptionally rare cases where it is patently clear that the allegations are frivolous or do not disclose any offence.", the court said. While dismissing the appeal, the bench said:

"In our considered opinion criminal proceedings cannot be nipped in the bud by exercise of jurisdiction under Section 482 of the Cr.P.C. only because the complaint has been lodged by a political rival. It is possible that a false complaint may have been lodged at the behest of a political opponent. However, such possibility would not justify interference under Section 482 of the Cr.P.C. to quash the criminal proceedings. As observed above, the possibility of retaliation on the part of the petitioners by the acts alleged, after closure of the earlier criminal case cannot be ruled out."

Case details

Ramveer Upadhyay vs State of UP | 2022 LiveLaw (SC) 396 | SLP(Crl) 2953 OF 2022 | 20 April 2022

Coram: Justices Indira Banerjee and AS Bopanna

Counsel: Sr. Adv Ranjit Kumar for the petitioner, Sr. Adv Siddharth Dave for the respondent

Headnotes

Code of Criminal Procedure, 1973 ; Section 482 - Criminal proceedings cannot be quashed only because the complaint has been lodged by a political rival. It is possible that a false complaint may have been lodged at the behest of a political opponent. However, such possibility would not justify interference under Section 482 Cr.P.C. to quash the criminal proceedings - The fact that the complaint may have been initiated by reason of political vendetta is not in itself ground for quashing the criminal proceedings. (Para 30,39)

Code of Criminal Procedure, 1973 ; Section 482 - Jurisdiction under Section 482 of the Cr.P.C is not to be exercised for the asking - In exercise of power under Section 482 of the Cr.P.C., the Court does not examine the correctness of the allegations in a complaint except in exceptionally rare cases where it is patently clear that the allegations are frivolous or do not disclose any offence - Ends of justice would be better served if valuable time of the Court is spent on hearing appeals rather than entertaining petitions under Section 482 at an interlocutory stage which might ultimately result in miscarriage of justice (Para 26-39)

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 - Contention that only Special Court could take cognizance of offences under the Atrocities Act rejected. [Referred to Shantaben Bhurabhai Bhuriya vs Anand Athabhai Chaudhari  2021 SCC Online SC 974]

Summary - SLP against Allahabad HC judgment which refused to quash order summoning the accused- Dismissed - The allegations in the complaint constitute offence under the Attrocities Act. Whether the allegations are true or untrue, would have to be decided in the trial.

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