The main legal point established in the judgment is the duty of the trial judge to identify and dispose of frivolous litigation at an early stage and the court's power to prevent the abuse of its own processes.

JUDGMENT :

1. Complainant, Sudhir Kumar Sharma (Opposite Party No. 2) lodged a FIR dated 29.07.2019 against seven named and two unknown persons for committing an offence under Sections 306, 506 IPC. Investigation was conducted and charge sheet was filed against seven accused persons (applicants) as well as one Chitra alias Bebi.

2. Accused, Chitra alias Bebi has filed Application under Section 482 No. 316 of 2020 before this Court and the same was allowed by a detailed and reasoned order dated 16.07.2021, which was challenged by complainant before Supreme Court in Special Leave to Appeal (Crl.) No. 7796 of 2021, which was disposed of without interfering with order by following observations:

“We see no reason to interfere.

Mr. R.S. Hegde, learned advocate appearing for the petitioner however, apprehends that the observations made by the High Court during the course of its order may be read against the prosecution.

According to us, such apprehension is totally misconceived. The matter shall be dealt with by the concerned court at every stage purely on the merits of the matter.

With these observations, the Special Leave Petition is dismissed. Pending applications, if any, shall stand disposed of.”

3. Sri V.M. Zaidi, learned Senior Advocate appearing for applicants, has vehemently placed reliance on aforesaid judgment that findings therein are completely applicable to applicants that no case was made out against them as well.

4. Above submission was vehemently opposed by learned AGA appearing for State as well as Sri Raghuvansh Mishra, learned counsel appearing for Opposite Party No. 2 that case of Chitra alias Bebi was on different footing as despite being a relative she was not named in FIR and her name was disclosed only during investigation and findings in above referred order are qua to applicant therein, therefore, they are not applicable to case of applicants herein. He also referred observations of Supreme Court referred above.

5. In order to appreciate and to consider rival submissions, I have carefully perused the order passed by Coordinate Bench in Chitra alias Bebi (supra).

6. Facts of the case (as mentioned in Chitra alias Bebi) are that:

“prosecution commenced on a FIR lodged by the deceased's brother, Rahul Kumar Sharma, on 28.07.2019, about the suicidal death of his brother on 25th of July, 2019. The FIR nominates the deceased's in laws, numbering seven, including his wife Smt. Menka alias Monty, his mother-in-law Smt. Kusum Lata, his three sisters-in-law, to wit, Indu Sharma, Chhaya Sharma and Romika Sharma, besides his brother-in-law Rajat Sharma. Another person nominated is one Rajendra Chaudhary, said to be an uncle of sorts to the deceased's inlaws. The applicant is not named in the FIR. The substance of the information, read to the police, says that the named in-laws of the deceased were frequently troubling him and he was in distress. Rajendra Chaudhary had repeatedly threatened the deceased to death and demanded money of him. The deceased had shared the last mentioned fact with the informant, but his in-laws would not give up on their wayward conduct and Rajendra Chaudhary and the other inlaws would repeatedly demand money of the deceased. It is reported that distressed over this issue, on 25.07.2019, at 12 O' Clock, the deceased jumped off the bridge built over the Ganga Garage and into the river, committing suicide. It is also said that he had left home, riding the informant's motorcycle, which was found, and a suicide note in the deceased handwriting was found at the informant's Dharm Kanta, wherein he had claimed his wife and in-laws' harassment as the cause driving him to commit suicide. It is said in the closing lines of the FIR that the deceased did commit suicide because of the harassment that his wife and in-laws inflicted on him.”

“Close on heels of the FIR lodged by deceased Mohit Sharma's brother about a case of abetment to suicide against the former's in-laws, the other brother of the late Mohit Sharma, S