Unexplained inordinate delay must be taken into consideration as a very crucial factor and ground for quashing a criminal complaint (SC-18/05/2023)

SUPREME COURT OF INDIAArticle 124 of the Constitution of India Constitution of India > 124. Supreme Court (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges. (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal and shall hold office until he attains the age of sixty-five years: Provided that-- (a) a Judge may, by writing under his hand addressed to the President, resign his office (b) a Judge may be removed from his office in the manner provided in clause (4). (2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide. (3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and-- (a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or (b) has been for at least ten years an advocate of a High Court or of two or more such courts in succession; or (c) is, in the opinion of the President, a distinguished jurist. (4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-third of the members of the House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehavior or incapacity. (5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehavior or incapacity of a Judge under clause (4): (6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. (7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.

Chanchalpati Das Vs. State of West BengalWest Bengal Bengal derived its name from Vedic king Vanga (Son of Vali). Banga was part of the Magadha Kingdom of Jarasandha and later Nanda dynasty. After the Garuda Dynasty ( history lost) the region was named Gouda Bhumi. Districts North 24 Parganas South 24 Parganas Bankura Birbhum CoochBihar Dakshin Dinajpur Darjeeling Hooghly Howrah Jalpaiguri Jhargram Kalimpong Kolkata Malda Murshidabad Nadia Paschim Burdwan Purba Burdwan Paschim Medinipur Purba Medinipur Purulia Uttar Dinajpur Alipurduar Govt Site Calcutta High Court KMC & Anr.

[Criminal AppealCriminal Appeal Shankar Kerba Jadhav and others vs. The State of Maharashtra (AIR 1971 SC 840): "An appeal is a creature of a statute and the powers and jurisdiction of the appellate Court must be circumscribed by the words of the statute. At the same time a Court of appeal is a "Court of error" and its normal function is to correct the decision appealed from and its jurisdiction should be co-extensive with that of the trial Court. It cannot and ought not to do something which the trial Court was not competent to do. There does not seem to be any fetter to its power to do what the trial Court could do." No. 1592 of 20232023 Main events: Library Posts @ SLPSpecial Leave Petition A petition seeking grant of special leave to appeal may be rejected for several reasons. For example, it may be rejected (i) as barred by time, or (ii) being a defective presentation, (iii) the petitioner having no locus standi to file the petition, (iv) the conduct of the petitioner disentitling him to any indulgence by the Court, (iv) the question raised by the petitioner for consideration by this Court being not fit for consideration or deserving being dealt with by the Apex Court of the country and so on. (Crl.) No. 6688 of 2017]

Madhupandit Das Vs. State of West Bengal & Anr.

[Criminal Appeal No. 1593 of 2023 @ SLP (Crl.) No. 6689 of 2017]

DATE-18/05/2023

ACTS-Section 156(3) of Cr.P.C

JUDGMENTJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2).  Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022)

Bela M. Trivedi, J.

1. Leave granted.

2. Both the appeals arise out of the common judgment and order dated 22.03.2017 passed by the High CourtHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission. at KolkataKolkata Police Stations:  i. Shyampukur P.S. ii. Jorabagan P.S. iii. Burtolla P.S. iv. Burrabazar P.S. v. Posta P.S. vi. Jorasanko P.S. vii. Girish Park P.S. viii. Amherst Street P.S. ix. Hare Street P.S. x. Bowbazar P.S. xi. Muchipara P.S. xii. Taltala P.S. xiii. New Market P.S. xiv. Park Street P.S. xv. Shakespeare Sarani P.S. xvi. Hastings P.S. xvii. Maidan P.S. xviii. North Port P.S. xix. South Post P.S. xx. West Port P.S. in CRR No. 1490 of 2013 and CRR. No. 3307 of 2013 whereby the High Court has dismissed both the Criminal RevisionCriminal Revision High Court vs Sessions Judge: Criminal Revision under BNSS (Revision by private person), within 90 days of Judgment or Order. Grounds: defect of procedure or manifest error of law resulting in flagrant miscarriage of justice. Applications seeking quashing of the charge-sheet filed against the appellants-accused, in respect of the FIR no. 33 of 2009 registered at Ballygunge Police Station, for the offences under Sections 468, 471, 406 and 120-B of IPC.

As transpiring from the record, the appellant Madhu Pandit Das (accused no.1) is the President of ISKCONISKCON International Society for Krishna Consciousness (Hare Krishna Movement under Sanatan Dharma by A.C Bhaktivedanta Prabhupada in the USA in 1966), Mayapur. Bangalore Branch. Vrindavan Branch. (List of Temples). ISKCON Life Membership. Guru Parampara. Sacred Books: Bhagavad Gita, Srimad Bhagavatam Puran, Brahma Samhita, Chaitanya Charitamrita. Chaitanya Bhagavad. Rituals: Diksha, Puja and Kirtan, Ekadashi, Dham Parikrama., Bengaluru since 1984 and the appellant Chanchalpati Das (accused no. 2) is the Vice President of ISKCON, Bengaluru since 1985. Both of them claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. to be the global spiritualSpiritual Inspirational or inspired, energetic, motivated. It is all about earthly potency. It can not be translated as Adhatmya in Sanskrit. 'Christian Spirituality' means being motivated by Christian ideas. An airy or thin, like invisible earthly matter, is also called Spiritual. "Take and receive my spirit" means take courage from me, or just blowing wind from one's mouth. leaders and humanitarians. According to the appellants, the International Society for KrishnaKrishna Author of Bhagavad Gita (3227-3102 BCE) > “कृषिर्भूवाचकः शब्दः णश्च निर्वृतिवाचकः । तयोरैक्यं परं ब्रह्म कृष्णैत्यभिधीयते”| (“कृषेर्व्वर्णे” । उणां ३ । ४ । इति नक् ततो णत्वम् । Similar:  विष्णु नारायण कृष्ण वैकुण्ठ विष्टरश्रवस् दामोदर हृषीकेश केशव माधव स्वभू दैत्यारि पुण्डरीकाक्ष गोविन्द गरुडध्वज पीताम्बर अच्युत शार्ङ्गिन् विष्वक्सेन जनार्दन उपेन्द्र इन्द्रावरज चक्रपाणि चतुर्भुज पद्मनाभ मधुरिपु वासुदेव त्रिविक्रम देवकीनन्दन शौरि श्रीपति पुरुषोत्तम वनमालिन् बलिध्वंसिन् कंसाराति अधोक्षज विश्वम्भर कैटभजित् विधु श्रीवत्सलाञ्छन पुराणपुरुष यज्ञपुरुष नरकान्तक जलशायिन् विश्वरूप मुकुन्द मुरमर्दन लक्ष्मीपति मुरारि अज अजित अव्यक्त वृषाकपि बभ्रु हरि वेधस् | ConsciousnessConsciousness The mind’s (Mind) function that receives, processes, and evaluates information through the five senses, imagination, emotion, reason, and memory. The senses gather data, imagination and emotion interpret it, reason judges its value, and memory stores or discards it. In neurophysiology, consciousness is often defined as “subjective awareness” — the state of being aware of oneself and one’s surroundings. (ISKCON), Bengaluru, is a society registered in 1978 under the Karnataka Societies Registration Act, 1960.

3. As per the case of the respondent-complainant on 30.09.2006, a letter in the form of complaint was addressed to the officer in charge, Ballygunge Police Station, Kolkata, by the General Manager, ISKCON, Kolkata, in which it was alleged inter alia that the International Society for Krishna Consciousness (ISKCON), Mumbai is a Society registered since 1971 under the Societies Registration Act, 1860 and Bombay Public TrustTrust It originated and was reduced to practice under the jurisdiction of courts by the civil law, was expanded and developed in the courts of chancery, and has been employed in nearly every field of human activity. The fundamental nature of a trust is the division of title, with the trustee being the holder of legal title and the beneficiary that of equitable title. By definition, the creation of a trust must involve a conveyance of property. > Trust Deed ∫ Having trust/faith/confidence in something Act, 1950, having its registered officeOffice Αξίωμα > Officer > Office-bearer (1593) > Opus, officium, ex officio (Latin). Box-office (Cash Box). at Hare Krishna Land, Juhu, Mumbai-49. The said Society has many branches/offices all over IndiaIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more including one located at 3C, Albert Road, Kolkata- 700019. The Governing Council of the said Society known as “Bureau” is the highest administrative body.

The said Bureau at the relevant timeTime χρόνος. Judicial: Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) यमः , पुं, (यमयति नियमयति जीवानां फलाफलमिति । यम् + अच् । विश्वे च कलयत्येव यः सर्व्वायुश्च सन्ततम् । अतीव दुर्निवार्य्यञ्च तं कालं प्रणमाम्यहम् ॥यमैश्च नियमैश्चैव यः करोत्यात्मसंयमम् । स चादृष्ट्वा तु मां याति परं ब्रह्म सनातनम् ॥ had entrusted Sri Adridharan Das, who was the President of the said Kolkata Branch, with the management of the assets and properties situated at Kolkata Branch, which included a 42-seat deluxe bus of Ashok Leyland make, model Viking Alpsv 4/37-222 WB passenger bus, bearing registration no. WB25A-0454, engine No. WSH 104189, chassis No. WSH042296. The said bus used to be parked at the premises of Kolkata Branch.

4. It was further alleged that when the new management took over the management of the said branch at Kolkata, the said bus was not found in the premises of the said branch. Therefore, Sri Jagdartiha Das, one of the Managers wrote a letter dated 23rd November, 2001 to the Regional Transport Officer, Barasat, Kolkata not to issue any duplicate registration certificate, tax card etc. in respect of the said bus.

It was further stated in the said letter dated 30th September, 2006 that a report was also made to the police station on 22.05.2002, however subsequently they came to knowKnowledge Knowledge is derived from the process of an informed person integrating data from sense organs or intuition into their psyche. This concept is explored in the Vedic Nasadiya Sukta, which questions the possibility of ultimate truth or knowledge. In different languages, such as Greek, Latin, Sanskrit, and Chinese, knowledge is expressed as "η γνώση," "Scientia," "ज्ञानम्‌ ," and "知识 Zhīshì," respectively. that the said bus was in the illegal custody of Sri Madhu Pandit Das, residing at Hare Krishna HilIs, Rajaji Nagar, Bengaluru, Karnataka. It was also alleged that Mr. Adridharan Das had entered into a criminal conspiracy with Mr. Madhu Pandit Das and others, and that Mr. Adridharan Das had committed theft as well as criminal breach of trust in respect of the said vehicle, which was taken to Bengaluru.

It was also alleged that the original registration certificate of the said vehicle was lying at the Kolkata Branch, and that neither Mr. Adridharan Das nor Mr. Madhu Pandit Das or any other person had any authority to get the said vehicle transferred to Bengaluru or to change the name of the registered owner of the said vehicle.

5. It is further case of the respondent-complainant that since the Ballygunge Police Station had not taken notice of the said letter dated 30.09.2006, the complainant Radha Raman Das, the Branch Manager of ISKCON, Kolkata had filed a private complaint in the year 2009 in the court of Chief Judicial Magistrate, Alipore, against the accused Madhu Pandit Das, Chanchalpati Das, Mahajan Das and Adridharan Das seeking investigationInvestigation Purpose of all investigation is to reveal the unvarnished truth. The constitutional courts are duty bound to ensure that the truth is revealed. under Section 156(3) of Cr.P.C. The said case was registered as criminal case no. 747 of 2009 in the court of Chief Judicial Magistrate, Alipore.

6. It appears that the said Court PetitionPetition αναφορά > παρακαλώ (Prayer) under Section 156(3) of Cr.P.C was registered as FIR being no. 33 at the Ballygunge Police Station on 20.02.2009 for the offences under Section 379/ 411/ 406/ 408/ 120-B/ 468/ 471 IPC. The investigating officer on the completion of investigation submitted the charge-sheet being no. 58 in the court of Chief Judicial Magistrate, Alipore against the accused Madhu Pandit Das, Chanchalpati Das, Mahajan Das and Adridharan Das, for the offences under Section 468, 471, 406 and 120-B IPC on 23.10.2010.

7. The appellant-accused Chanchalpati Das filed a petition being CRR No. 1490 of 2013 and the appellant-accused Madhu Pandit Das filed a petition being CRR No. 3307/2013 before the High Court of Kolkata seeking quashing of proceedings of criminal case no. 747 of 2009 pending before the CJM, Alipore. The High Court vide the common impugned judgement and order dismissed both the Criminal Revisions.

8. The learned Senior Advocate Mr. Shyam Divan for the appellants vehemently submitted that the prosecution initiated against the appellants by the respondent-complainant was only an attempt to harass the appellants under the guise of the bus theft case to settle the personal scores with appellants, as the appellants were able to create around 30 ISKCON/Hare Krishna Movement associated Centres under the aegis of ISKCON Bengaluru, who follow the teachings of Srila Prabhupada, by keeping him as the sole Diksha Acharya.

He further submitted that the allegations in the complaint/FIR are not only absurd and improbable, but there is no reasonable possibility of the appellants being convicted for the alleged offences after the trial. Relying upon the documentsDocument It means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records. (Bharatiya Sakshya Adhiniyam 2023) with regard to the transfer of registration of the bus in question, he submitted that the said bus was registered at Kolkata on 20.11.1998, however thereafter was registered at Bengaluru on 22.05.2002 after the execution of necessary documents of transfer and at present the bus is lying in the dump yard at Vrindavan, Uttar PradeshUttar Pradesh Ancient Aryavarta Region (आर्यावर्त) > District Agra Aligarh Ambedkar Nagar Amethi Amroha Auraiya Ayodhya (Saket) Azamgarh Baghpat Bahraich Ballia Balrampur Banda Barabanki Bareilly Basti Bhadohi Bijnor Budaun Bulandshahar Chandauli Chitrakoot Deoria Etah Etawah Farrukhabad Fatehpur Firozabad Gautam Buddha Nagar Ghaziabad Ghazipur Gonda Gorakhpur Hamirpur Hapur Hardoi Hathras Jalaun Jaunpur Jhansi Kannauj Kanpur Dehat Kanpur Nagar Kasganj Kaushambi Kushi Nagar Lakhimpur Kheri Lalitpur Lucknow (Capital) Maharajganj Mahoba Mainpuri Mathura Mau Meerut Mirzapur Moradabad Muzaffar Nagar Pilibhit Pratapgarh Prayagraj Raebareli Rampur Saharanpur Sambhal Sant Kabir Nagar Shahjahanpur Shamli Shravasti Siddharth Nagar Sitapur Sonbhadra Sultanpur Unnao Varanasi  .

According to him, filing of an FIR in 2009 for the alleged theft of bus taken place in 2002, was sheer abuse of processAbuse of process It is found where the judicial process is used as a means of vexation and oppression in the process of litigation. of lawLaw νόμος:  Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article. Even the Investigating Officer has failed to collect and produce any documents or evidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 along with the chargesheet with regard to the alleged forgeryForgery In a legal and moral sense (Lat. falsum),  it is the utterance or publication, with intent to deceive or defraud, or to gain some advantage, of a false document, put out by one person in the name of and as the genuine work of another, who did not execute it, or the subsequent alteration of a genuine document by one who did not execute the original. This species of falsification extends alike to all classes of writings, promissory notes, the coin or currency of the realm, to any legal or private document, or to a book. and fabrication of documents.

Mr. Diwan has placed reliance on the decisions in State of Haryana and Ors. Vs. Bhajan Lal and Ors.(1), in G. Sagar Suri and Anr. Vs. State of U.PUttar Pradesh Ancient Aryavarta Region (आर्यावर्त) > District Agra Aligarh Ambedkar Nagar Amethi Amroha Auraiya Ayodhya (Saket) Azamgarh Baghpat Bahraich Ballia Balrampur Banda Barabanki Bareilly Basti Bhadohi Bijnor Budaun Bulandshahar Chandauli Chitrakoot Deoria Etah Etawah Farrukhabad Fatehpur Firozabad Gautam Buddha Nagar Ghaziabad Ghazipur Gonda Gorakhpur Hamirpur Hapur Hardoi Hathras Jalaun Jaunpur Jhansi Kannauj Kanpur Dehat Kanpur Nagar Kasganj Kaushambi Kushi Nagar Lakhimpur Kheri Lalitpur Lucknow (Capital) Maharajganj Mahoba Mainpuri Mathura Mau Meerut Mirzapur Moradabad Muzaffar Nagar Pilibhit Pratapgarh Prayagraj Raebareli Rampur Saharanpur Sambhal Sant Kabir Nagar Shahjahanpur Shamli Shravasti Siddharth Nagar Sitapur Sonbhadra Sultanpur Unnao Varanasi  . and Ors. 2, in Madhavrao Jiwajirao Scindia and Ors. Vs. Sambhajirao Chandrojirao Angre and Ors.3, in Subal Ghorai and Ors. vs. State of West Bengal (4) to buttress his submissions. Lastly, he submitted that to put a quietus in the matterMatter Normal matter is made of molecules, which are themselves made of atoms. Inside the atoms, electrons are spinning around the nucleus. The nucleus is made of protons and neutrons. Inside the protons and neutrons, exist indivisible quarks, like the electrons. All matter around us is made of elementary particles. ( building blocks of matter > quarks and leptons). All stable matter in the universe is made from particles that belong to the first-generation. Fundamental forces result from the exchange of force-carrier particles, which belong to a broader group called “bosons”. The strong force is carried by the “gluon”, electromagnetic force is carried by the “photon.”, the ISKCON Bengaluru is ready and willing to purchase a latest model brand new Ashok Leyland bus in the name of ISKCON Kolkata directly.

9. Per contra, learned Senior Advocate Mr. K. Venugopal appearing on behalf of respondent no. 2-complainant submitted that both the appellants have been charged by the respondent No. 1 State for the offence under Sections 468, 471, 406 and 120-B IPC as per the final report submitted by the investigating officer and there being a prima facie case made out against the appellants, which even the High Court had recorded in the impugned orderImpugned order Order under challenge, this Court may not interfere with the same.

According to him, the documents of registration produced by the appellants, claiming to have been received under the RTI from the concerned Regional Transport Authority, Bengaluru, have been produced for the first time before this Court and the same could not be taken into consideration. He further submitted that the underlying complaint pertained to only one luxury bus in comparison to the huge business empire including real estate built by the appellant-accused, cannot detract from, or minimise the gravity of the offences of forgery, cheating and breach of trust allegedly committed by the appellants.

He also submitted that the proposal of appellants-accused to give a new bus to ISKCON Kolkata cannot be accepted, as the offences alleged against the appellants are not compoundable under Section 320 of Cr.P.C. Mr. Venugopal has placed reliance on the decisions in Central Bureau of Investigation Vs. Maninder Singh(5); State of Gujarat Vs. Gajanand M. Dalwadi (Dead) by LRS.6; Jasbir Singh vs. Tara Singh and Ors. 7; Jagdish RamLord Rama A prince of the Solar Dynasty (Ikshaku Vamsa, capital Ayodhya). His victorious story was portrayed by Valmiki in Ramayana. He identified him as the Avatar of Lord Vishnu. When the Brahmins became unethical, cruel, and greedy, he appeared to restore the Sanatan Dharma. He was trained by Rishi Viswamitra.  His rule impacted for 10000 years. Ramrajya means good administration. Vs. State of Rajasthan & Anr. 8; Kaptan Singh Vs. State of Uttar Pradesh and Ors. 9; Central Bureau of Investigation Vs. Arvind Khanna 10 in support of his submissions that the criminal proceedings against the appellants may not be quashed.

10. Having gone through the pleadings of the parties and the documents on record and having anxiously considered the submissions made by the learned counsel for the parties, it emerges that according to the complainant-respondent, a letter in the form of complaint was written by the Branch Manager of the ISKCON Kolkata, on 30.09.2006 addressed to the officer incharge, Ballygunge Police Station, Kolkata, in respect of an alleged theft of a bus having taken place in 2001, however, no action was taken by the said police station.

Though, the complainant had reported the matter to the concerned Police Station earlier on 22nd May, 2002, however, no action was taken in that regard. It is pertinent to note that with regard to the said allegations against the concerned police station, there is nothing on record to suggest that either the said report dated 22.05.2002 or the letter dated 30.09.2006 was ever received by the concerned police station or any follow up action was taken by the respondent-complainant in that regard.

According to the respondent-complainant, since no action was taken on the letter dated 30th September, 2006 written to the concerned Police Station, the complaint was lodged in the court of Chief Judicial Magistrate, Alipore on 10th February, 2009, which was registered as C.R. Case No. 747 of 2009, seeking investigation under Section 156(3) of Cr.P.C.

11. It is again pertinent to note that, even as per the case of the complainant, the alleged incident of bus theft had taken place in the year 2001, and it was only in 2009 that the substantial complaint was made in the Court of Chief Judicial Magistrate, Alipore. It is just not believable that the concerned Ballygunge Police Station, Kolkata would not have taken any action on the report made in 2002 on behalf of the powerful body like the ISKCON Kolkata, or on the letter dated 30.09.2006 written by the Branch Manager of the ISKCON, Kolkata.

Respondent no. 2- complainant also did not take any concrete action for getting the said complaint registered with regard to the alleged theft of bus for a long period of eight years, till the complaint in the Court was filed in the year 2009. In the opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. of the Court such an inordinate delay of eight years in filing the complaint in the court itself would be a sufficient ground to quash the proceedings.

If the luxury bus owned by the ISKCON, Kolkata Branch in 1998 was so precious to them, they would not have sat silent for such a long time of eight years. In our opinion, the criminal machinery set into motion by filing the complaint for the alleged incident which had taken place eight years ago, that act itself was nothing but a sheer misuse and abuse of the process of the court.

12. That apart, from the bare perusal of the complaint filed before the Court, on the basis of which the FIR was registered at the Ballygunge Police Station on 20th February, 2009, it is discernible that except bald allegations made in the complaint with regard to the theft of bus in question there was no material or documentDocument It means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records. (Bharatiya Sakshya Adhiniyam 2023) produced by the complainant to substantiate the allegations against the appellants.

Even after the investigation of the said complaint, there was no evidence collected by the investigating officer to prima facie satisfy the ingredients constituting the alleged offences under Sections 468, 471, 406 and 120B of IPC. Even if the allegations made in the complaint as well as in the Chargesheet are taken at their face value none of the ingredients constituting the alleged offences are culled out.

The learned Senior Counsel Mr. Shyam Divan for the appellants had strenuously urged relying upon the documents pertaining to the transfer of ownership and registration of the said bus, that the said documents were executed by the then authorized persons of the ISKCON Kolkata, in our opinion, the said documents could not be considered in these proceedings, the same being not the part of the charge-sheet papers.

In any case, there is nothing to suggest from the other documents on record of the instant appeals that the investigating officer had even bothered to collect any cogent or substantive evidence against the appellants to prosecute them for the alleged offences.

There was no expert opinion obtained or scientific evidence collected on the documents allegedly forged to show as to by whom, when and how the theft of vehicle and forgery of documents were committed. Under the circumstances, allowing such prosecution to continue would not only be an empty formality but would be gross wastage of court’s precious time.

13. It cannot be gainsaid that the High CourtsHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission. have the powerPower The amount of energy transferred or converted per unit of time. In the International System of Units, the unit of it is the watt, equal to one joule per second. The capacity of energy infrastructure is rated using watts, which indicate its potential to supply or consume energy in a given period of time. A Power-plant rated at 100 MW has the potential to produce 100 MWh if it operates for one hour. to quash the proceedings in exercise of powers under Section 482 of Cr.P.C. to prevent the abuse of process of any Court or otherwise to secure the ends of justiceJustice δικαιοσύνη > judicature ( δικαιοσύνη) > judge (δικαστής / κριτής). The whole purpose of Plato`s Republic is to search for Justice. The purpose of Justice is to establish a perfect State. The State of happiness (ευτυχία). Though the powers under Section 482 should be sparingly exercised and with great caution, the said powers ought to be exercised if a clear case of abuse of process of law is made out by the accused.

In the State of Karnataka Vs. L. Muniswamy and Ors.(11) had held that the criminal proceedings could be quashed by the High Court under Section 482 if the court is of the opinion that allowing the proceedings to continue would be an abuse of the process of the court or that the ends of justice require that the proceedings are to be quashed.

14. This Court, way back in 1992 in the landmark decision in case of State of Haryana and Ors. Vs. Bhajan Lal and Ors (Supra), after considering relevant provisions more particularly Section 482 of the Cr.P.C. and the principles of law enunciated by this Court relating to the exercise of extra-ordinary powers under Article 226, had laid down certain guidelines for the exercise of powers of quashing, which have been followed in umpteen numberNumber Αριθμός of cases. The relevant part thereof reads as under:

“102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offenceCognizable offence It means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule of BNSS or under any other law for the time being in force, arrest without warrant;, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motiveMotive Intending to collect money he started to motivate the people to donate to him. Intention comes first then motive to take the course. Motive is action > Reason, Root, Rationale, Purpose, Excuse. Section 4 BSA (Admission/Confession of Motive-S 22 BSA)  for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.”

15. In State of A.P. Vs. Golconda Linga Swamy & Another(12) this Court had observed that the Court would be justified to quash the proceedings if it finds that initiation or continuance of such proceedings would amount to abuse of the process of Court.

16. As regards inordinate delay in filing the complaint it has been recently observed by this Court in Hasmukhlal D. Vora & Anr. vs. State of Tamil Nadu 13 that though inordinate delay in itself may not be a ground for quashing of a criminal complaint, however unexplained inordinate delay must be taken into consideration as a very crucial factor and ground for quashing a criminal complaint.

17. In the light of afore-stated legal position, if the facts of the case are appreciated, there remains no shadow of doubt that the complaint filed by the respondent-complainant after an inordinate unexplained delay of eight years was nothing but sheer misuse and abuse of the process of law to settle the personal scores with the appellants, and that continuation of such malicious prosecution would also be further abuse and misuse of process of law, more particularly when neither the allegations made in the complaint nor in the charge-sheet, disclose any prima facie case against the appellants.

The allegations made against the appellants are so absurd and improbable that no prudent person can ever reach to a conclusion that there is a sufficient ground for proceeding against the appellants-accused.

18. Before parting, a few observations made by this Court with regard to the misuse and abuse of the process of law by filing false and frivolous proceedings in the Courts need to be reproduced. In the Court. In Dalip Singh vs. State of Uttar Pradesh and Others 14 it was observed that:

“1. For many centuries IndianIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more society cherished two basic values of life i.e. “satya” (truthTruth Mathematical 'truth' may not be agreeable with the philosophical 'truth.' A question may be asked on propositional 'truth' on the grounds of physics, that space and time actually don't exist. Vedic injunction Satyam Param Dhimahi, technically Satya is none other than Brahman. For Madhymic Buddhists there is nothing as such to be called 'truth', as all the corresponding facts are only mental projections. Apart from Bio-neuroelectricity nothing exists for Biological Cognition. So-called religious truths are nothing more than a marketing strategy.) and “ahimsa” (non-violence). Mahavir, Gautam BuddhaBuddha It started with Kashyapa (Son of King of Kashi) and ended with Siddhartha Goutam (c. 490-410 BCE) during the period of Bimbisara. Sanatanis accepted Kashyapa as the Avatar of Vishnu. The primary source of Teaching: Tipitaka > Anguttara Nikaya, Digha Nikaya, Majjhima Nikaya, Saṃyutta Nikaya. 2nd century CE Maha Parinirvana Sutra (2nd Cen CE) was first Recorded about Gautama. Buddha Charitra of Asvaghosa (150 CE) is the First Biography of Gautama. Read Tipitaka,   and Mahatma Gandhi guided the peopleMen Ανθρωποι (People), a woman (γυναίκα), Man (Ανδρας) > Adama, Manu > No proof to establish that due to mutation a monkey turned into a human being. to ingrain these values in their daily life. Truth constituted an integral part of the justice-delivery system which was in vogue in the pre- Independence era and the people used to feel proud to tell truth in the courts irrespective of the consequences.

However, post-Independence period has seen drastic changes in our value system. The materialism has overshadowed the old ethos and the quest for personal gain has become so intense that those involved in litigation do not hesitate to take shelter of falsehood, misrepresentation and suppression of facts in the court proceedings.”

19. In Subrata Roy Sahara vs. Union of India and Others (15) it was observed as under:

“191. The Indian judicial system is grossly afflicted with frivolous litigation. Ways and means need to be evolved to deter litigants from their compulsive obsession towards senseless and ill-considered claims.”

20. We would like to add that just as bad coins drive out good coins from circulation, bad cases drive out good cases from being heard on time. Because of the proliferation of frivolous cases in the courts, the real and genuine cases have to take a backseat and are not being heard for years together. The party who initiates and continues a frivolous, irresponsible and senseless litigation or who abuses the process of the court must be saddled with exemplary cost, so that others may deter to follow such course.

The matter should be viewed more seriously when people who claim themselves and project themselves to be the global spiritual leaders, engage themselves into such kind of frivolous litigations and use the court proceedings as a platform to settle their personal scores or to nurture their personal ego.

21. Having regard to the facts and circumstances of the present case and for the reasons stated hereinabove, we deem it appropriate to quash the criminal proceedings pending against the appellants in the Court of Chief Judicial Magistrate, Alipore, arising out of the FIR No. 33 of 2009 registered at Ballygunge Police Station, and quash the same.

22. The appeals stand allowed, with cost of Rs. 1,00,000/- which shall be deposited by the respondent-complainant in the office of the Supreme CourtSupreme Court The Court of last resort. Supreme Court of India (26/01/1950), Supreme Court of the United States (1798), Supreme Court of UK (1/10/2009), Supreme Court of Canada (1949), International Court of Justice (22/05/1947), > Supreme Court Network Advocates-on-Record Association.

J. [Ajay Rastogi]

J. [Bela M. Trivedi]

New DelhiNew Delhi Indraprastha, the capital of Emperor Yudhisthira and Pandavas constructed by Mayasura, where Rajasuya Yagna was performed under the guidance of Krishna Dvaipayana and the protection of  Vasudeva Krishna in the present-day Raja Ghat area. Prtvi Rajaj was the last Hindu king of Delhi.

May 18, 2023

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1 1992 Supp. (1) SCCSCC Supreme Court Cases 335

2 (2000) 2 SCC 636

3 (1988) 1 SCC 692

4 2013 (4) SCC 607

5 (2016) 1 SCC 389

6 (2008) 1 SCC 716

7 (2016) 16 SCC 441

8 (2004) 4 SCC 432

9 (2021) 9 SCC 35

10 (2019) 10 SCC 686

11 (1977) 2 SCC 699

12 2004 (6) SCC 522

13 20222022 Important Events: SCC Online SC 1732

14 (2010) 2 SCC 114

15 (2014) 8 SCC 470

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SUPREME COURT OF INDIA

Madhupandit Das Vs. State of West Bengal & Anr.

[SLP (Crl) No. 4539 of 2023]

Chanchalpati Das Vs. State of West Bengal & Anr.

[SLP (Crl) No. 4603 of 2023]

Bela M. Trivedi, J.

1. Both the petitions arise out of the order dated 17.02.2023 passed by the High Court at Kolkata in CRR 4062 of 2022 whereby the High Court has directed the concerned Judicial Magistrate at Alipore to specifically fix the date for consideration of the charge within one month from the date of communication of order and further to conclude the trial within ten months taking recourse to the provision contained in Section 309 of Cr.P.C.

2. In view of the judgment passed by this Court in Criminal Appeal No. 1592 of 2023 (@ SLP (CRL.) NO. 6688 OF 2017) & Criminal Appeal No. 1593 of 2023 (@SLP (CRL.) NO. 6689 OF 2017), the present petitions do not survive and stand disposed of accordingly.

J. [Ajay Rastogi]

J. [Bela M. Trivedi]

New Delhi

May 18, 2023