SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2020 Supreme(SC) 101

ASHOK BHUSHAN, M.R.SHAH
Govind Prasad Kejriwal – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant :Pankaj Bhagat, Ishita Rawat, Advocates
For the Respondent:E. C. Vidya Sagar, Manish Kumar, Jaideep Khanna, Pavan Kumar, R.N. Pareek, Pratyush, Advocates

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The Court emphasized that during an inquiry under Section 202 of the Cr.P.C., the Magistrate is required to take a broad view and consider whether a prima facie case exists, whether the proceedings are an abuse of law, and whether the dispute is of a civil nature or has been improperly given a criminal character (!) (!) .

  2. The Court found that the allegations in the complaint primarily concern a civil dispute related to partnership and property issues, which cannot be converted into a criminal case, thus constituting an abuse of process (!) (!) .

  3. The Court observed that the main allegations do not satisfy the ingredients of the offences under Sections 341, 323, and 379 of the IPC, and even if they did, continuing criminal proceedings would be an abuse of the legal process (!) (!) (!) .

  4. It was noted that the complaint was lodged by a private individual who was not directly involved in the partnership firm, and the allegations pertain to actions taken by the partners, which are essentially civil matters (!) .

  5. The Court highlighted that prior legal actions, such as FIRs and civil suits, indicated ongoing civil disputes, further supporting that the criminal proceedings are a mischaracterization of civil issues (!) .

  6. The Court reaffirmed that the Magistrate and the High Court should exercise their powers to quash criminal proceedings when they are found to be an abuse of process and not supported by the ingredients of the alleged offences (!) (!) .

  7. Ultimately, the Court allowed the appeal and quashed the criminal proceedings, including the order to take cognizance and the subsequent judicial orders, affirming that the case was a civil dispute improperly framed as a criminal case (!) .

These points reflect the Court's view that criminal proceedings should not be used as a tool to resolve civil disputes, and when such misuse is evident, proceedings must be quashed to prevent abuse of the legal process.


JUDGMENT

M. R. Shah, J.

Feeling aggrieved and dissatisfied with the impugned judgment and order dated 21.04.2017 passed by the High Court of Judicature at Patna in Criminal Misc. No. 30284 of 2011 by which the High Court has dismissed the said quashing petition preferred by the original accused and has refused to quash the criminal proceedings in Complaint Case No. 464 of 2001 for the offences under Sections 323, 341 and 379 IPC, original Accused has preferred the present appeal.

2. That the private respondent herein Gopal Prasad son of Shri Shyam S. Prasad, brother of one Ramesh Kumar - a partner of a firm called Kejriwal Films filed the criminal complaint being Complaint Case No.464 of 2001 in the Court of Additional Chief Judicial Magistrate, Barh against the appellant herein - one of the partner of Kejriwal Films, for the offences under Sections 379, 323, 504, 506, 406, 452, 147, 148/34 IPC. The complaint reads as under:

    " 1. That the complainant is the brother of Ramesh Kumar, who is a partner of a firm called Kejriwal Firms. The accused Balabhadra Prasad Kejriwal is also a partner in the said firm. Both the accused persons are father and son by relation.

    2. That the aforemention


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top