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SHARAD KUMAR SHARMA
Neeraj Singh Adhikari – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Sharad Kumar Sharma, J.
A very peculiar argument has been raised by the learned counsel for the applicant while putting a challenge to the proceedings of Complaint Case No. 1847 of 2023, Jeevan Vs. Neeraj Singh Adhikari, being the complaint proceedings drawn for the offences under Sections 504 and 506 of IPC.
2. Firstly, the learned counsel for the applicant has argued the matter that the complainant has not approached the Court with clean hands for the reason being that much prior to the registration of the complaint under Section 156(3) of CrPC on 04.03.2023, since the complainant has not disclosed the fact about the proceedings under Section 107 to be read with Section 116 of CrPC, it will amount that the respondent complainant had not approached the Court with clean hands.
3. Secondly, he argues that the complaint proceedings would be bad in the eyes of law, because initiation of the complaint proceedings, at a subsequent stage will amount to be a recurring proceedings for the same cause of action without disclosing the fact of institution of the earlier proceedings under Section 107 to be read with Section 116 of CrPC.
4. Thirdly, the learned counsel for the applicant ar
The application of the clean hands doctrine in criminal proceedings and the interpretation of Article 20 of the Constitution of India in relation to prosecution and punishment for the same offence.
Filing multiple complaints for the same occurrence constitutes an abuse of process, and courts must prevent frivolous litigations.
Continuation of dual criminal proceedings based on identical allegations violates Section 210 of the Code of Criminal Procedure, leading to abuse of court process and is unsustainable.
Point of law : Defamation - In case of criminal defamation neither any FIR can be filed nor can any direction be issued under Section 156(3) of Cr.P.C.
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Statements in judicial complaints can constitute defamation; however, delays and the need for evidence in support must be taken into account, reinforcing the importance of reputation and good faith i....
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