508.
(SC) 08-03-2021
A. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 200 -- Constitution of India, Article 21 – Multiple complaints -- Permitting multiple complaints by the same party in respect of the same incident, whether it involves a cognizable or private complaint offence, will lead to the accused being entangled in numerous criminal proceedings -- As such, he would be forced to keep surrendering his liberty and precious time before the police and the Courts, as and when required in each case -- Such an absurd and mischievous interpretation of the provisions of the CrPC will not stand the test of constitutional scrutiny, and therefore cannot be adopted.
(Para 6)
B. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 200 -- Constitution of India, Article 21 -- Summons to accused -- Duty of Magistrate -- Powers bestowed on the Magistrate have grave repercussions on individual citizens’ life and liberty -- Thus, these powers also confer great responsibility on the shoulders of the Magistrate and must be exercised with great caution, and after suitable judicial application of mind -- Power to issue a summoning order is a matter of grave importance, and that the Magistrate must only allow criminal law to take its course after satisfying himself that there is a real case to be made.
(Para 13)
C. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 200 -- Constitution of India, Article 21 -- Every trial is a voyage of discovery in which the truth is the quest -- Trial Judge has a duty under the Constitution and the CrPC, to identify and dispose of frivolous litigation at an early stage by exercising, substantially and to the fullest extent, the powers conferred on him.
(Para 15, 16)
D. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 200 -- Constitution of India, Article 21 -- Trial courts and the Magistrates have an important role in curbing injustice -- They are the first lines of defence for both the integrity of the criminal justice system, and the harassed and distraught litigant – Held, trial courts have the power to not merely decide on acquittal or conviction of the accused person after the trial, but also the duty to nip frivolous litigations in the bud even before they reach the stage of trial by discharging the accused in fit cases -- This would not only save judicial time that comes at the cost of public money, but would also protect the right to liberty that every person is entitled to under Article 21 of the Constitution -- In this context, the trial Judges have as much, if not more, responsibility in safeguarding the fundamental rights of the citizens of India as the highest court of this land.
(Para 18)
E. Code of Criminal Procedure, 1973 (2 of 1974), Section 200 – Constitution of India, Article 21, 142 -- Criminal complaint – Curbing injustice -- Magistrate was aware of the significant delay in the filing of private complaint and of the material improvements from the earlier -- It was incumbent on the Magistrate to examine any possibility of abuse of process of the court, make further enquiries, and dismiss the frivolous complaint at the outset after judicial application of mind -- However, this was not done -- Magistrate issued process against the Appellants – To bring peace between the parties, who are fighting various litigations since 2006, Court exercised powers under Article 142 to quash all the litigations between the parties arising out of this incident.
(Para 19-23)