Abuse of process of court in criminal cases and the consequences of filing non-bona fide applications

Chakradhari Sharan Singh, J.

This Court has experienced a growing tendency among the litigants of lodging criminal cases to settle their scores, arising out of disputes, which are fundamentally civil in nature and chase the accused at all levels including all possible levels, which includes invocation of section 439 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), for cancellation of bail/anticipatory bail, if bail/anticipatory bail is allowed by a Court. This, of late, has taken a shape of menace and such misadventure, in my view, needs to be checked and firmly dealt with in a manner, which may have deterrent effect also.

2. The present case is an example where I am of the view that filing of the present application for cancellation of anticipatory bail granted to the Opposite Party Nos. 2 to 5 is gross abuse of the process of Court.

3. The Opposite Party No. 2 is wife of Opposite Party No. 3 and Opposite Party No. 4 is wife of Opposite Party No. 5.

4. It is the case of the petitioner that Opposite Party Nos. 2 and 4 had entered into an agreement for sale of their 01 (one) acre of land and Cold Storage along with entire structures, machineries and other equipments, fixtures and fittings, for a consideration of Rs. 2,45,00,000/- (two crores forty five lakhs), pursuant to the resolution taken in the meeting of Board of Directors of Bhojpur Freezing Private Limited, held on 14.03.2011, in favour of Vaishali Daniel Foods Private Limited. The petitioner claims to be the Director of said Vaishali Daniel Foods Private Limited, Vaishali Bhawan, Patna.

5. It is his case in the complaint petition filed in the Court of learned Chief Judicial Magistrate, Patna, giving rise to Complaint Case No. 187 (c) of 2012, that in pursuant to the agreement of sale, he had paid a sum of Rs. 36,00,000/- (thirty six lakhs) through bank drafts in favour of Bhojpur Freezing Private Limited. The Opposite Party Nos. 2 and 4 are thereafter said to have entered into a written agreement in Hindi script on 17.03.2011 to sell the said piece of land and the non-functional Cold Storage. The petitioner is said to have subsequently paid further amounts, in cash, to the Opposite Parties, as described in the complaint petition. It is also alleged that the opposite parties handed over the possession of the said Cold Storage building to the petitioner, who, immediately, started making replacement of damaged machinery and installation of new machinery, so that Cold Storage could be made operational. According to the petitioner, he invested more than Rs. 37,00,000/- (thirty seven lakhs). According to him, the petitioner was willing to get the sale deed executed after payment of entire balance consideration amount and the petitioner had handed over 3 (three) blank cheques to the opposite parties, as security. The opposite parties evaded to execute sale deed and to receive payment of entire rest consideration amount, which compelled the petitioner to issue legal notice to Opposite Party No. 2. After receiving legal notice, the Opposite Party No. 2 did not reply; rather, used criminal force and ousted the Munshi and labourers of the petitioner from the Cold Storage building on 20.02.2012. Since the Police did not register the First Information Report, despite information having been given, the petitioner filed the said complaint petition. It is also alleged by him that by using criminal force, the Opposite Party Nos. 2 to 5 took signature of the petitioner and his brother, Diwanshu, and his father, Baidya Nath Singh, on blank paper as well as on non-judicial stamp paper.

6. This is the case of the prosecution, as narrated in the complaint petition.

7. The Opposite Party Nos. 2 to 5, since they were made accused of the offence punishable under Sections 406, 420, 341, 323, 386, 120B of the Indian Penal Code, filed anticipatory bail application, which was allowed by an order, dated 10.04.2012, passed by learned Sessions Judge, Patna.

8. Th