The court established that inherent powers under Section 482 Cr.P.C. should be exercised cautiously to prevent abuse of legal processes, especially in light of evidence revealing malicious prosecution and false allegations in property disputes among advocates.

JUDGMENT :

(Hon'ble Dr. Gautam Chowdhary, J.) :

1. Heard Sri Shailesh Mishra, learned counsel for the applicant, Sri Gyan Prakash learned Additional Solicitgor General of India, assisted by Sri Sri Sanjay Yadav, learned counsel for the C.B.I. learned A.G.A. for the State and Sri Bhupendra Pandey, opposite party no.2-Advocate in person

2. By means of the present application under Section 482 Cr.P.C. the applicant-informant namely, Nikki Devi has sought direction upon the learned Special Court SC/ST Act, Prayagraj, District Prayagraj, to consider and decide the trial of Sessions Trial No. 560 of 2021 (State Vs. Bhupendra Pandey) arising out of Case Crime No. 150 of 2021 under Sections 3 76 -D, 506 I.P.C. and Section 3 (2) (v) of SC/ST Act, Police Station Daraganj, District Prayagraj, as expeditiously as possible.

3. The instant case has remained pending since 2022. When the matter came up for consideration on 21.07.2022, it was intimated to the Court by Sri Bhupendra Pandey, the opposite party no.2 that several gangs of non-practising Advocates, are being operated involving women, to trap the innocent persons in fake cases implicating them amongst others Sections of IPC, under SC/ST Act and after submission of charge sheet, they distribute the money received from the Government, amongst themselves.

4. Apart from the aforesaid submissions made by Sri Bhupendra Pandey, it was also intimated to the Court that certain persons, though they are Advocates on paper, but are non-practising Advocate have formed a gang and are closely associated with the ladies of SC/ST community. The modus operandi of the gang is -the ladies enter into agreement to sell after taking earnest money from the vendee. When the vendee asks them to execute the sale deed, they refuse and on insistence by the vendee, the alleged vendor use to implicate those vendees in false and frivolous case under penal provision of IPC along with SC/ST Act. When the vendee seeks protection in accordance with law before appropriate Court, these vendor take shelter of those of Advocates Gang, who used to initiate criminal proceedings at the behest of those vendor not only against the vendee but also against the Advocates of vendee who contests the case on their behalf. It was also brought to the notice of the Court that practising Advocates have also become victims of false accusation by the non-practising Advocates. Those non practising advocates are involved in some other profession such a real estate, construction etc. under the garb/ shelter of their advocacy.

5. It is well acknowledged that the powers under Section 482 Cr.P.C has to be exercised by the Court to prevent abuse of the process of any court or otherwise to secure the ends of justice. Though the powers possessed by the High Court under Section 482 of Cr.P.C. are very wide but the very plenitude of the power requires great caution in its exercise. The inherent power cannot be exercised to stifle a legitimate prosecution. Such powers have to be exercised only to give effect to any order under Cr.P.C, to prevent abuse of the process of any court and to secure the ends of justice. Therefore, considering the seriousness of the allegations made and the gravity of offence, this Court vide order dated 21.07.2022 had stayed the further proceedings of Sessions Trial No. 560 of 2021 (State Vs. Bhupendra Pandey) arising out of Case Crime No. 150 of 2021 under Sections 3 76 -D, 506 I.P.C. and Section 3 (2) (v) of SC/ST Act, Police Station Daraganj, District Prayagraj after inviting counter and rejoinder affidavits fixing the matter for 18.08.2022.

6. In line no.1 of paragraph no.9 the word “applicant” was inadvertently transcribed in pl