Dr Yuvaraj Singh Ghelot vs State Of Karnataka on 24 August, 2022
102)
'102. ... (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.'
32
Above Category 7 is clearly attracted in the facts of the
present case. Although, the High Court [Vineet
Kumar v. State of U.P., 2016 SCC OnLine All 1445] has
noted the judgment of State of Haryana v. Bhajan Lal [State
of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 : 1992
SCC (Cri) 426] , but did not advert to the relevant facts of
the present case, materials on which final report was
submitted by the IO. We, thus, are fully satisfied that the
present is a fit case where the High Court ought to have
exercised its jurisdiction under Section 482 CrPC and
quashed the criminal proceedings."