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1 - 10 of 19 (0.37 seconds)Section 420 in The Indian Penal Code, 1860 [Entire Act]
Section 465 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 468 in The Indian Penal Code, 1860 [Entire Act]
Section 120B in The Indian Penal Code, 1860 [Entire Act]
Section 467 in The Indian Penal Code, 1860 [Entire Act]
Section 202 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 340 in The Code of Criminal Procedure, 1973 [Entire Act]
S.P Chengalvaraya Naidu vs Jagannath on 27 October, 1993
(ii) The second ground to hold that the registration of the FIR by
the respondent no.2 was gross abuse of the processes of law
and that the respondent no. 2 had not come to the Court with
clean hands and suppressed the material facts. The Supreme
Court in S.P. Chengalvaraya Naidu Vs. Jagannath 1994
AIR 853, though in a different context has clearly laid down
that a fraud which is played by a party by withholding the
documents or the material information of which he is in
possession will vitiate the entire proceedings. The same
principle has to be applied to a criminal proceeding especially
in a criminal complaint which a party sets into the motion for
the purpose of seeking redressal of his grievance. The
Supreme Court in number of cases has laid down that purity
of justice must be maintained at all cost. One of the facets of
maintaining the purity of scheme of justice is that the party
who invokes the jurisdiction of the Court must come with
clean hands and should not suppress the material facts.
Crl.M.C.Nos. 5133, 5135, 5381, 5382 & 5387/05 Page 23 of 29
In the instant case, as has been noted above, the petitioners
had suppressed the material fact of putting the criminal
justice machinery into motion firstly by filing a complaint in
Karkardooma Courts and failed to obtain the requisite order
regarding the registration of FIR under Section 156(3) Cr.P.C.
and chose to file a fresh complaint before the learned
Magistrate at Patiala House Court in a different forum without
disclosing this fact, yet getting a direction to the police under
Section 156 (3) Cr.P.C. to register an FIR on the basis of the
same facts. This was purely possible on account of the
concealment of the fact and therefore, in my considered
opinion constitutes concealment of material facts as well as
invoking the jurisdiction of the Court with unclean hands and
the necessary consequence of this would be that this Court
must quash the direction passed by the learned Magistrate
directing the registration of the FIR and the FIR itself as it was
obtained by a gross abuse of the processes of law.