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SAURABH SHYAM SHAMSHERY
Prakash – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
(Saurabh Shyam Shamshery, J.)
1. In the present case, on basis of alleged occurrence took place on 10.07.2016, complainant has lodged an NCR on 11.08.2016 i.e. about 1 month against Prakash, Manoj, Raja Babu and Bintu (applicants no. 1 to 3 and 6) for offence under Sections 323, 504, 427 IPC.
2. The complainant thereafter has filed an application under Section 155(2) Cr.P.C. for investigation disclosing names of all six applicants and that they have committed offences under Sections 323, 504, 427 IPC wherein vide order dated 16.08.2016, a direction was passed for investigation. Consequently investigation was conducted on above referred NCR and a charge sheet was submitted on 03.01.2017 against above referred 4 applicants under Sections 323, 504, 427 IPC.
3. The trial Court considered above referred charge sheet as a complaint under provisions of Section 2(d) Cr.P.C. and summoned above referred 4 applicants under Sections 323, 504, 427 IPC vide order dated 18.03.2017.
4. Controversy involved in present case arose when before above referred charge sheet was filed on 03.01.2017, the complainant approached Court of a Magistrate by way of filing a criminal complaint on 17.09.2016
Filing multiple complaints for the same occurrence constitutes an abuse of process, and courts must prevent frivolous litigations.
The court ruled that a subsequent complaint based on previously resolved allegations constitutes an abuse of process, justifying its quashing under Section 482 Cr.P.C.
Cognizance of non-cognizable offences must follow complaint procedure, and any delay in cognizance is barred by limitation under the Code of Criminal Procedure.
Judicial Magistrates must follow procedural requirements for taking cognizance of non-cognizable offenses, treating police reports as complaints and ensuring fair opportunity to the accused.
The issuance of process in serious criminal offenses must not be mechanical; proper evaluation of evidence and roles of each accused is essential for establishing a prima facie case.
Successive complaints on the same cause of action amount to abuse of process, and criminal liability requires a clear statutory foundation which was absent in this case.
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