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(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge""

In reply to the above rulings, the respondent's Counsel also relied upon a ruling of Apex Court reported in AIR 1980 SC 1780 between Kewal Krishan Vs. Suraj Bhan and another, wherein it was held that:

"At the stage of Sections 203 and 204, Criminal Procedure Code in a case exclusively triable by the Court of Sessions, all that the Magistrate has to do is to see whether on a cursory perusal of the complaint and the evidence recorded during the preliminary inquiry under Sections 200 and 201, Criminal Procedure Code, there is prima facie evidence in support of the charge levelled against the accused. All that he has to see is whether or not there is "sufficient ground for proceeding"

21. In this particular case, the proceedings of the Magistrate if it is seen, after taking cognizance, he himself has inquired into the matter and gave opportunity to the complainant and his witnesses to adduce their sworn statement before the Court and the statements of the thereafter analysing the contents of the complaint and the statements of the witnesses and also bearing in mind the directions of this Court passed an orders afresh satisfying himself that there existed a prima facie case for issuance of process against the accused. The question of whether the complainant has satisfied the Court in terms of Section 202(1)(a) of Cr.P.C. is to be looked into by the Court. But I am unable find fault with the procedure followed by the learned Magistrate cannot be find fault with. After recording the sworn statement of the complainant and the evidence of witnesses under Section 202(1)(a) of Cr.P.C., if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Sessions, then he shall call upon the complainant to produce all his witnesses and examine them on oath. Here itself it can be said that the complainant has examined himself on oath and examined as many as (6) six more witnesses and thereafter perhaps satisfying himself that he has no more witnesses, the Court has recorded its finding with regard to its satisfaction regarding the existing of a prima facie case and issued process. Therefore, the procedurally the order of the learned Magistrate is strictly in compliance with Section 202 of Cr.P.C. Section 203 of Cr.P.C. mandates that after considering the statements on oath if any, of the complainant and the witnesses and the result of the enquiry, if the Magistrate is of the opinion that there is no sufficient ground, then he shall dismiss the complaint. Therefore, if the order is passed under Section 204 of Cr.P.C. where the Magistrate records the finding that there is sufficient ground for proceeding against those accused, then he shall issue process to the accused or a warrant or in a warrant case, he may issue a warrant to the accused. Therefore, if once the order under Section 204 of Cr.P.C. is passed considering the materials on record, it goes without saying that the learned Magistrate has complied with Section 203 of Cr.P.C. also. Therefore, looking to the above said procedural aspect, the learned Magistrate in this particular case has meticulously followed the procedure before issuance of the process against the accused persons.