LI Network
Published on: February 7, 2024 at 21:38 IST
Expressing apprehension over the exploitation of the criminal justice machinery for ulterior motives, the Supreme Court emphasized the crucial need for courts to remain vigilant against such misuse.
The apex court urged High Courts to exercise their inherent powers under Section 482 of the Code of Criminal Procedure to dismiss criminal proceedings in cases where uncontroverted allegations fail to establish the offense prima facie, and the likelihood of conviction is remote, rendering the continuation of criminal prosecution futile.
A bench comprising Justices BV Nagarathna and Augustine George Masih observed, “We find that in recent years the machinery of criminal justice is being misused by certain persons for their vested interests and for achieving their oblique motives and agenda. Courts have therefore to be vigilant against such tendencies and ensure that acts of omission and commission having an adverse impact on the fabric of our society must be nipped in the bud.”
The case in question involved a complaint against Vishal Noble Singh, the Principal of Bishop Johnson School and College, a minority educational institution governed by the Diocese Education Board, Lucknow (DEB), under the Church of North India (CNI). Singh faced allegations of fabricating documents, operating the school with forged documents, and embezzling fees from girl students.
Despite the High Court’s dismissal of Singh’s petition to quash the FIR, the Supreme Court, after examining the allegations, questioned how they fell within the specified sections of the Indian Penal Code.
Citing its judgment in Inder Mohan Goswami vs. State of Uttaranchal, the court emphasized that criminal prosecution should not be used as a tool for harassment or personal vendettas.
The Court further expressed dissatisfaction with the complainant’s failure to justify the allegations in court and criticized such acts that burden the legal system without proper justification.
Disagreeing with the High Court’s reliance on the Neeharika Infrastructure case, the Supreme Court clarified the distinctions and set aside the impugned order, quashing the FIR, chargesheet, and all subsequent proceedings against the appellant-accused.
Case Details: VISHAL NOBLE SINGH VERSUS STATE OF UTTAR PRADESH & ANR