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Supreme Court News: Supreme Court quashed the case of section 420 and 406 against Inder Chand Bagri. In its order, the apex court expressed concern over the misuse of criminal law and emphasized on protecting the judicial process. The Supreme Court also cited the 1992 decision in the case ‘Haryana vs. Bhajan Lal’.
New Delhi. Expressing serious concern over the increasing misuse of the criminal justice system, the Supreme Court on Monday made it clear that criminal law cannot under any circumstances be used as a weapon to satisfy personal grudges or personal vendetta. Justice B. V. Nagarathna and Justice R. Mahadevan’s bench made this comment while quashing the criminal case registered against a Guwahati businessman under section 420 (cheating) and section 406 (criminal breach of trust) of the Indian Penal Code. The bench said that over the years, misuse of the criminal process by some persons to further their vested interests, ulterior motives and personal agenda has emerged as a worrying trend. The court called it a clear abuse of the judicial process.
The Supreme Court said, “It is the duty of the courts to stop such attempts at the initial stage itself, so that the fabric of the society and the credibility of the judicial system are not adversely affected. The objective of the criminal justice system is to ensure justice only by taking cognizance of actual crimes, and not to protect anyone’s personal interests.” The bench also made it clear that the courts have to adopt a cautious approach in such cases and ensure that criminal proceedings proceed only in those cases where there is a prima facie reasonable ground of offence.
The top court, while perusing the complaint and evidence, said that a strong case of fraud and criminal breach of trust could not be made out against businessman Inder Chand Bagri and complainant Jagdish Prasad Bagri had other remedies available under civil law to cancel the sale deed of the disputed property and seek damages for violation of his contractual rights.
The bench said, “Criminal law should not become a platform for initiating retaliatory proceedings out of personal vendetta and vendetta.” The Court also said that Inder Chand Bagri cannot be held guilty of any criminal intention and hence, the charges leveled against him by the prosecution are not sustainable.
Citing the 1992 judgment in the case “Haryana vs. Bhajan Lal”, the bench said the top court is of the view that the criminal charges and other charges against Inder Chand Bagri have been made with mala fide intention and it is neither expedient nor in the interest of justice to allow the present prosecution to continue.
