Power to quash criminal proceedings should be used very sparingly: SC


PTI, Feb 19, 2022, 1:53 PM IST

The power to quash criminal proceedings should be exercised very sparingly and with circumspection and that too in the rarest of rare cases, the Supreme Court has said.

A bench of Justices B R Gavai and S Ravindra Bhat made the observation while quashing a case of forgery and cheating against three individuals in a property dispute.

”This court has cautioned that, power to quash criminal proceedings should be exercised very sparingly and with circumspection and that too in the rarest of rare cases, it has specified certain category of cases wherein such power can be exercised for quashing proceedings,” the bench said.

The apex court said that one of the categories where this power can be used is where a criminal proceeding is manifestly mala fide or maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

The top court said that in the present case, the complaint has been filed against the accused with an ulterior motive of harassing the appellants. The apex court said that the magistrate while passing the order under Section 156 (3) of the CrPC has totally failed to consider the law laid down by the highest court.

The power under Section 156 (3) of the Criminal Procedure Code, 1973 (CrPC) can be exercised by the magistrate to direct the police to conduct investigation only in respect of a cognisable offence.

”In any case, when the complaint was not supported by an affidavit, the Magistrate ought not to have entertained the application under Section 156 (3) of the CrPC. ”We are, therefore, of the considered view that, continuation of the present proceedings would amount to nothing but an abuse of process of law,” the bench said.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

Davangere: MLA Basavantappa returns Rs 1.2 lakh left behind at shop

Woman dies after being hit by luxury car driven by ‘drunk’ youth in Karnataka

MLA Bharat Shetty condemns attack on Edneer Math Swamiji’s vehicle in Kerala

‘Idiot’: Former Canadian Sikh minister slams Justin Trudeau over Khalistan issue

Salman Khan gets another threat, asked to cough up Rs 5 cr

Canadian cop suspended for attending pro-Khalistan protest outside Hindu temple

Rahul Gandhi to attend caste census meeting in Hyderabad today

Related Articles More

India, Australia strategic partnership growing steadily: EAM Jaishankar

Rahul Gandhi to attend caste census meeting in Hyderabad today

FIR against Sanjay Raut’s brother for remarks against Shiv Sena’s woman leader

In-flight passengers can access WiFi services only when allowed, say new rules

Balasore tragedy result of composite negligence of railway officials: Orissa High Court

MUST WATCH

Gho Pooja in Deepavali Festival

Melukote Deepavali

Ganapathi Co-operative Society Ltd

Udayavani Chinnara Banna 2024

Annapoorna Aahar | Food Places In Mysore


Latest Additions

India, Australia strategic partnership growing steadily: EAM Jaishankar

Davangere: MLA Basavantappa returns Rs 1.2 lakh left behind at shop

Ullal: Man attacked for allegedly providing information on illegal sand mining

Woman dies after being hit by luxury car driven by ‘drunk’ youth in Bengaluru

Woman dies after being hit by luxury car driven by ‘drunk’ youth in Karnataka

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.