Search Results Page

Search Results

1 - 8 of 8 (0.40 seconds)
Kalpesh Vinubhai Shah vs State Of Gujarat on 22 July, 2021 cites

State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990

When there are material to indicate that a criminal proceeding is manifestly attended with mala fide and proceeding is maliciously instituted with an ulterior motive, the High Court will not hesitate in exercise of its jurisdiction under Section 482 Cr.P.C. to quash the proceeding under Category 7 as enumerated in State of Haryana vs. Bhajan Lal, which is to the following effect : (SCC p. 379, para 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 Page 7 of 8 Downloaded on : Sun Jan 16 01:57:55 IST 2022 R/CR.MA/1518/2019 ORDER DATED: 22/07/2021 the accused and with a view to spite him due to private and personal grudge."
Supreme Court of India Cites 44 - Cited by 19733 - S R Pandian - Full Document

Raysingbhai Kanjibhai Gamit & 5 vs State Of Gujarat & 2 on 5 August, 2016

"10. To arrive at this conclusion, the Court is recalling of the proposition of law propounded by series of decisions of this Court as well as the Hon'ble Apex Court which postulate that disputed questions of fact are not the subject matter of exercise of jurisdiction under Section 482 of the Cr.P.C. It is also held by the Hon'ble Apex Court that simply because the civil litigation is going on between the parties, it is not to be presumed that crime is not committed and must have been lodged just with a view to abuse the process of law. Few relevant decisions of the Hon'ble Apex Court of a recent time worth to be taken note of in the background of present facts and circumstance. In a decision in case of N. Page 4 of 8 Downloaded on : Sun Jan 16 01:57:55 IST 2022 R/CR.MA/1518/2019 ORDER DATED: 22/07/2021 Soundaram V/s. P.K.Pounraj & Anr., reported in (2014) 10 SCC 616, the Hon'ble Apex Court was confronted with the situation that a business transaction took place between the accused persons and the complainant's husband and in respect of that dispute pertaining to business transaction, accused persons along with several other accused entered into the premises and ransacked it. Therein, the controversy was pertaining to recovery of money and therefore, complaint was not justified to be entertained as it is purely of a civil nature. In the background of that circumstance, the Hon'ble Apex Court examined the issue and propounded that power under Section 482 of the Cr.P.C. has to be exercised sparingly and cautiously just to prevent abuse of process of law or to secure the ends of justice. It has also been propounded by the Hon'ble Apex Court that inherent powers should not be exercised to stifle a legitimate prosecution and by holding so, the Hon'ble Apex Court exercising inherent powers set aside the order passed by the High Court and restore the criminal prosecution by further directing the Magistrate to expedite the trial. Relevant extract of the said decision are in Para.13, 14 and 15 which read, thus;
Gujarat High Court Cites 39 - Cited by 3 - A J Shastri - Full Document
1