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2019 Supreme(All) 473
HIGH COURT OF JUDICATURE AT ALLAHABAD BENCH AT LUCKNOW
DINESH KUMAR SINGH, J.
Paras Ram Dubey - Appellant
Versus
State of U.P. - Respondent
Criminal Miscellaneous Case No. 4361 of 2008
Decided On : 15-04-2019
D.K. Singh, Adv., Dinesh Upadhyay, Adv.
The main legal point established is that once the basis for initiating criminal proceedings is invalidated, the proceedings cannot continue.
Headnote:
Criminal Proceedings - Quashing - Section 156(3) Cr.P.C. - Section 482 Cr.P.C. - Sections 323, 504, 506, 427 IPC - Section 460 Cr.P.C. - Section 173 Cr.P.C. - Section 482 Cr.P.C. - Naresh Kavarchand Khatri vs. State of Gujarat and another, (2008) 8 SCC 300
Fact of the Case:
The petitioners filed a petition under Section 482 Cr.P.C. to set aside the order for criminal proceedings against them. The proceedings were initiated based on a dispute over land and a subsequent altercation resulting in the filing of multiple applications and criminal cases.
Finding of the Court:
The court found that once the order of the revisional court, which directed the registration of the FIR, was set aside, the basis for the criminal proceedings disappeared, and thus, the proceedings could not continue.
Issues: The main issue was the validity of the criminal proceedings initiated against the petitioners based on the order of the revisional court, which was subsequently set aside.
Ratio Decidendi: The court held that once the basis for the registration of the FIR was no longer valid, the proceedings could not continue, and thus, the orders for criminal proceedings were set aside.
Final Decision: The petition was allowed, and the orders for criminal proceedings and the consequent proceedings were set aside and quashed.
DINESH KUMAR SINGH, J.
1. This petition under Section 482 Cr.P.C. has been filed for setting aside the order dated 28.8.2008 passed by the Judicial Magistrate-II, Faizabad (Now Ayodhya Ji) in Case No.2427 of 2008 and the judgment and order dated 23.10.2008 passed by the Session Judge, Faizabad in Revision No. Nil of 2008.
2. Judicial Magistrate-II, Faizabad has rejected the prayer of the petitioners for dropping the proceedings in Case No.2427 of 2008 pending before him. Against the aforesaid order, a revision was filed and the revisional court has also dismissed the revision on the ground that once the cognizance has been taken in good faith even erroneously, the proceedings cannot get vitiated in view of the provisions contained under Section 460 Cr.P.C.
3. The facts as stated in the petition, are that petitioner no.1 had filed a regular Suit no.294 of 2002 for permanent injunction regarding Sahan land of residential house, which was used as a passage by both the families with the prayer to restrain the opposite parties from making any construction over the land in question. The court concerned had passed an order directing both the parties to maintain status-quo on the land in question, which is still operative.
4. It is alleged that despite the order of the Civil Court, the opposite parties started raising construction over the land in question on 7.5.2005. The petitioners objected, on which some incident took place. Petitioner no.2 thereafter, went to the police station and lodge NCR No.35 of 2005 under Sections 323, 504, 506 IPC on the same date at 11.20 AM. Petitioner no.2 had been medically examined and treatment was given to him. Thereafter, on 10.5.2005, petitioner no.2 had moved an application before the court concerned under Section 155(2) Cr.P.C. for directing the police station concerned to investigate the matter, on which the court concerned had passed an order to the police concerned to investigate the matter. It is also alleged that as a counter blast to the aforesaid proceedings initiated on behalf of the petitioners, an application under Section 156(3) Cr.P.C. was filed on behalf of the opposite party no.5, wherein the entire family of the petitioners has been roped in.
5. The Magistrate concerned called for a report from the police concerned on the application filed under Section 156(3) Cr.P.C. filed by the opposite party no.5. In pursuance to the aforesaid direction, the police has submitted a report on 7.7.2005 before the Magistrate concerned, wherein it was staid that the present application under Section 156(3) Cr.P.C. was filed to create a defence. On the basis of the aforesaid report, the Additional Chief Judicial Magistrate-I, Faizabad had proceeded to pass an order on 12.7.2005 rejecting the application of the opposite party no.5 filed under Section 156(3) Cr.P.C.
6. Aggrieved by the aforesaid order dated 12.7.2005, opposite party no.5 had preferred Criminal Revision No.239 of 2005. The revisional court allowed the revision filed by the opposite party no.5 vide judgment and order dated 24.9.2005 and directed the Magistrate to pass an order for registration of the case and for its investigation. Feeling aggrieved by the aforesaid judgment and order dated 24.9.2005 passed by the revisional court, petitioners filed Criminal Misc. Case No.2236 of 2005 before this Court. While the aforesaid case was pending here, in the meantime, on 29.9.2005 the Additional Chief Judicial Magistrate-I, Faizabad had passed an order in compliance of the direction by the revisional court directing the Station House Officer concerned for registering the case against the petitioners and to investigate the same and also issued a direction to submit report under Section 173 Cr.P.C. In compliance of the aforesaid order dated 29.9.2005, an FIR was registered on 2.10.2005 against the petitioners and others at case Crime No.582 of 2005 under Sections 147, 452, 323, 506, 427 IPC at Police Station Cantt., City and District Faizab
