Court Finds Lack of Evidence and Abuse of Process in Criminal Proceedings Against Petitioners
In a significant judgment, the Madhya Pradesh High Court at Jabalpur, under the bench of Shri B.P. Sharma, has quashed the FIR and subsequent criminal proceedings against Pawan Mittal and others. The case, which involved allegations of criminal conspiracy, forgery, and cheating in land demarcation proceedings, was deemed an abuse of the process of law by the court.
The petitioners sought relief under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, akin to Section 482 of the Criminal Procedure Code, arguing that the continuation of the criminal proceedings amounted to a miscarriage of justice. The dispute stemmed from demarcation proceedings concerning land in Katni, initially initiated by M/s Ankit Tracam Pvt. Ltd.
The court found that the allegations against the petitioners, which included offenses under various sections of the Indian Penal Code such as Sections 120B, 420, 467, 468, and 471, were not supported by cogent evidence. It was noted that the petitioners were not signatories to any document related to the demarcation or mutation proceedings, nor was there any material evidence of their involvement in the alleged conspiracy.
The initial FIR was registered following a Magistrate's order, based on a complaint from respondent Nos. 2 to 5, alleging misconduct in the demarcation process. However, the High Court observed that the Magistrate's order lacked proper application of judicial mind, as it failed to assess whether the complaint disclosed essential ingredients of the alleged offenses.
The court highlighted that the dispute was civil in nature, arising from land demarcation disputes, and the criminal proceedings were initiated with a mala fide intent. The absence of specific allegations or evidence against the petitioners led the court to conclude that the proceedings were an abuse of legal process.
In its detailed judgment, the court emphasized the importance of judicial discretion and the need for cogent evidence before proceeding with criminal charges. The FIR and all subsequent legal actions were quashed, providing relief to the petitioners.
Bottom Line:
Inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (akin to Section 482 Cr.P.C.) can be invoked to quash criminal proceedings if continuation of such proceedings amounts to abuse of process of law and results in miscarriage of justice.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Criminal Procedure Code, 1973 Section 482, Indian Penal Code, 1860 Sections 120B, 420, 467, 468, 471
Pawan Mittal v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2877387
