Multiple Criminal Proceedings By Complainant Over Same Allegations Violate Accused's Rights Under Articles 21 & 22 Constitution: JKL High Court

The respondents/complainants had filed a complaint before the Chief Judicial Magistrate, Srinagar, alleging fraud and misappropriation of funds of an educational society namely “Tyndale Biscoe and Mallinson Society Kashmir” into their personal assets and also for misappropriating grants provided by the government worth crores of rupees to the Society and the Schools in violation of rules of the Society.

Simultaneously another complaint was filed by the complainants in the year 2019 alleging the same acts of omission and commission committed by the petitioners. As this matter was closed due to non-appearance, the complainants filed another complaint and a report indicating that enquiry is at its final stage was filed by the Crime Branch.

Petitioner alleged that notwithstanding this fact, the complainant instead of pursuing the complaints filed before the Chief Judicial Magistrate, Srinagar under enquiry before the Crime Branch filed another complaint before the Director Industries and Commerce, Kashmir, being Registrar of Societies under J&K Societies Registration Act, on same set of allegations.

Sr Adv Sunil Sethi for the petitioner contended that complainants have been continuously subjecting the petitioners to harassment and persecution by filing unfounded successive complaints on same set of allegations.

Mr. S. H. Thakur, appearing counsel for the respondents/complainants contended that the complainants are the members of a Christian Missionary Society and have as such a right to secure and protect the interests of the Society and the schools being run and operated by it.

Justice Wani observed that the sum and substance of the allegations levelled by the complainants against the petitioners are of fraud, cheating and misappropriation of the funds of the Society and the Schools, besides to breach of trust. "Indisputably neither the Society nor the Schools are the complainants alleging the said acts of omission and commission against the petitioners in relation to their affairs, funds or properties and hence complainants don't have any locus to claim having been suffered on account of alleged offences at the hands of the petitioners," the bench said.

It noted that the complainants had successively filed complaints against the petitioners on the same set of allegations, be it before the Chief Judicial Magistrate, Srinagar, Inspector General of Police, SSP Crime Branch, Divisional Commissioner, Kashmir, Director Industries and Commerce Kashmir, Registrar under Societies and Registration Act, Kashmir, amongst which two complaints and actions initiated thereupon came to be quashed by the High Court.

Observing that the instant case is glaring example of an abuse of process of law taken recourse to by complainants/respondents by filing successive complaints against the petitioners, Justice Wani lamented the entire exercise undertaken by the complainants/respondents and the manner abuse of the process of the law had been resorted to.

In the court’s quest for doing justice, Justice Wani not only allowed the petitions and quashed the impugned complaints but also burdened the respondents/complainants with Rs 50,000/- to be paid towards the petitioners within a period of eight weeks.

Case Title: Parwez Samuel Koul & Ors Vs UT of J&K.

Citation: 2023 LiveLaw (JKL) 26

Coram : Justice Javed Iqbal Wani

Counsel For Petitioner: Mr Sunil Sethi, Sr. Advocate with Mr. Parimoksh Seth, Advocate.

Counsel For Respondent: Ms Asifa Padroo, AAG, Mr S. H. Thakur, Advocate for complainants/respondents.

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