w w w . L a w y e r S e r v i c e s . i n



Alhaj Dr. Md. Meraj Alam v/s Rehena Begum


Company & Directors' Information:- ALAM & CO LTD [Strike Off] CIN = U60210WB1946PLC014227

    Criminal Petition No. 395 of 2017

    Decided On, 15 June 2018

    At, High Court of Gauhati

    By, THE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

    For the Appearing Parties: G.N. Sahawalla, K.N. Choudhury, Advocates.



Judgment Text

1. The present application has been preferred by the accused petitioner under section 482 CrPC challenging the impugned order of taking cognizance dated 02.01.2017 and the entire proceeding pertaining to CR Case No. 717/2016 now pending in the Court of JMFC, Kamrup (M), Guwahati.

2. Heard Ld. counsel for Mr. G.N Sahawalla for the petitioner and the learned counsel Mr. K. N. Chaudhury for the respondent.

3. It is the case of the petitioner that he was married to the respondent on 11.01.1996 as per ritual, and custom but after the marriage the petitioner came to know that the respondent was earlier married with one Saukat Ali on 11.6.1987 and the said marriage was not dissolved and she has entered into the marriage with the petitioner by suppressing her earlier marriage. On being asked, the respondent stoutly denied the same. The respondent as well as her family members pressurized the petitioner to stay in their house as Gharjowai and the revealment of the fact, the relation became bitter and the family members even used to assault the petitioner for which the petitioner lodged an FIR which got registered at Dispur PS Case No. 172/1997 and also subsequently file divorce case before Family Court vide FC (c) 1998 which was however withdrawn on amicable settlement. The relation between the parties no more remained cordial and in the year 1999 the respondent left the house of the petitioner. Due to such strain relation as well as threat from the family of in-laws, the petitioner decided to terminate the marital relation and approached to Sadar Kazi, Kamrup in the year 2011 where their marriage was solemnized and after sending of notice of Talaq for 3 (three) times, to which the respondent did not respond finally divorce was granted by the Sadar Kazi as on 18.8.2011. After serving of 1st notice of Talaq the respondent and family members assaulted the petitioner in presence of junior doctor and officials and staffs demanding to withdraw the notice of Talaq with a threatening to kill him for which he lodged an FIR before Bhangagarh PS which was registered as Bhangagarh PS Case No. 123/2011 (GR 4679/2011). The petitioner also filed a complaint case No. 2512/2015 alleging bigamy on the part of the respondent. Due to the threatening and demand of money of Rs. 2 crores and other property etc from the petitioner for giving notice of divorce, by the family members of the respondent, the petitioner filed Bhangagarh PS Case No. 261/2015 u/s 120(b)/143/387/292/506 IPC.

4. After receipt of notice for Talaq, the respondent began to file different type of cases against the petitioner as mentioned below:

1. FC (c) 545/2011 before the Family Court for declaring the divorce certificate granted by the Kaji as void.

2. All women cases u/s 498A IPC which was registered as GR Case No. 4393/2011

3. Complaint case No. 124M/2011 u/s 12 of the Protection of Women for Domestic Violence Act.

4. FC (Crl.) 67/2013 u/s 125 CrPC seeking maintenance.

5. Bhangagarh PS Case No. 149/2015 u/s 468/471 IPC alleging that the petitioner has forged his PRC.

6. Hatigaon PS Case No. 315/2015 u/s 420/406/423/468/34 IPC alleging that accused petitioner forged the marriage certificate of the respondent and the petitioner.

7. Wp(C) No. 1263/2016 alleging that police has not conducted proper investigation in respect of Hatigaon PS Case No. 315/2015.

8. Crl. Pet. No. 179/2016 for quashing the CR Case No. 2512/2015 filed by the petitioner u/s 494/495 IPC.

9. Crl Pet. No. 154/2016 for quashing the Family Court given in Bhangagarh PS case No. 149/2015 u/s 468/471 IPC.

10. Crl. Pet. No. 113/2016 for quashing the Bhangagarh PS Case NO. 161/2015 filed by the petitioner u/s 120(b)/143/387/292(A)/506 IPC.

11. Respondent also keeps filing RTI application in the name of their family members in the health department and medical college hospital seeking details of the petitioner which could be used against petitioner.

12. Lastly, she filed CR Case No. 717/2016 u/s 468/471 IPC before the JMFC, Kamrup (M) alleging that petitioner has forged the marriage certificate of respondent and Soukat Ali.

5. It is contended by the petitioner as the respondent has already filed an ejhar on the same allegation that the petitioner has forged the marriage certificate of the respondent in connivance with Sadar Kaji on the basis of which Hatigaon PS Case No. 315/2015 has already been registered and as against same the respondent has also preferred a WP (c) 1263/2016 seeking an enquiry by CID which is pending and at this juncture, filing of the CR Case No. 717/2016 on the similar allegation is not at all maintainable. The petitioner prayed for quashing of the aforesaid CR Case No. 717/2016 now pending before the Ld. JMFC, Kamrup (M), Guwahati contending inter alia that the petitioner has already revealed all the facts in the FC (C) Case No. 545/2011 and FC (Crl.) 67/2013 (filed by the respondent) by way of written statement and adducing evidence (including the Kazi) and also by producing the marriage certificate of the respondent along with Saukat Ali that the respondent entered into marriage in the year 1987 with said Saukat Ali prior to marriage with the present petitioner. In that context, the evidence of the petitioner as DW-1 and the evidence of the Sadar Kazi as DW-2 vide annexure IX, X and XI has been referred and it has been submitted that despite knowing all about the evidence of Kazi, the present complaint has been filed due to the personal battle between the parties since the petitioner has divorced the respondent, she has wreaking vengeance upon the petitioner with an intention to harass the petitioner and make his life measureable by filing false and frivolous complaint. The respondent deliberately did not mention any number of the case that was filed earlier by her and pending between the parties. In Hatigaon PS Case No. 315/2015 where the respondent raised the allegation of forgery in respect of divorce certificate dtd. 18.8.2011 between the parties, a final report has been submitted recently.

6. Further it contends that the alleged marriage certificate between the respondent and said Saukat Ali was submitted by petitioner before the Family Court and was exhibited also and as such cognizance taken by Magistrate is barred u/s 195 (1) (b) (ii) CrPC. The respondent before filing of the said complaint case 717/2016 filed two similar Crl. Cases being Hatigaon PS Case No. 315/2015 u/s 420/406/423/468/34 IPC against which the petitioner is before this Court in WP (c) 1263/2016 and Bhangagarh PS Case No. 149/2015 u/s 468/471 against which respondent preferred Crl. Pet. 154/2016 when the police submitted final report. The petitioner was acquitted in the Case No. 4393/2011 from the charge u/s 498 (A) IPC. The case under the Domestic Violence vide 124/2011 was quashed by this Court by order dated 10.5.2012 and the maintenance case filed by the respondent in 2013 is still pending. Moreover, the case filed by the petitioner vide CR Case No. 2512/2015 u/s 494/495 IPC is still pending before the Court. Accordingly it is submitted that the present complaint case is filed subsequently so as to frustrate the bigamy case already filed by the petitioner and there was no bonafide on the part of the respondent in approaching the Court and the Ld. Court has taken cognizance without applying the mind which is not maintainable in the given background of the case as well as in the eye of law. The petitioner herein has annexed all the above referred documents along with his petition, which are not disputed by respondent in their affidavit.

7. The respondent has filed affidavit-in-opposition contending inter alia that the petitioner stayed in their house in the year 1996 and on the basis of false PRC, he got admitted in the MBBS Course and after completion of the MBBS he married her on 11.1.1996 and their marriage was duly registered in the office of Sadar Kazi and out of their wedlock one son was born on 9.8.2002 but by demanding landed property and cash money the petitioner began to the torture her and finally ousted her along with the son from his official quarter for non fulfillment of his demand then she took shelter in her parental house. While saying so she has not mentioned about the manner of torture and about the time, date and year etc. and when she was ousted. Admitting about filing of all the cases as mentioned by the petitioner, it has been submitted that divorce certificate dated 18.8.2011 was procured by the petitioner with the assistance of the Kazi and the certificate was issued without following the proper procedure of Talaq. She has challenged the said Talaq before the Family Court and the divorce certificate has been set aside by the Family Court as on 20.7.2017. It is stated that the petitioner has also filed a case seeking custody of his son vide FC (G) 142/2012 which is pending. Thus, in her affidavit, she has admitted all about the cases that has been filed by her against the respondent and also the cases that has been filed by the petitioner against her. In the Family Court, she has challenged her divorce certificate issued by the office of the Kazi which is a different issue altogether.

8. Regarding the prime issue before this Court about the fake marriage certificate between the respondent and one Saukat Ali. It is the case of the respondent that the petitioner in collusion with Kazi has prepared the said marriage certificate on 11.6.1987 and Kazi has also issued a divorce certificate on 25.7.1994, fraudulently for wrongful gain whereas she never married said Saukat Ali and hence she has filed the aforesaid complaint case No. 717/2016. She has categorically denied all the allegations made by the petitioner in his petition. It is stated that the Sadar Kazi has given false evidence in Family Court Case No. 454/2011 and Kazi has issued forged document knowing fully well the documents are false and fabricated. The petitioner has obtained such false document and used the same in evidence. Accordingly it is submitted that there is no error in taking cognizance in the impugned order by the Court in CR Case No. 717/2016.

9. According to the learned counsel for the petitioner such a complaint case filed by the respondent after a long/several rounds of litigation between the parties and that too by suppressing all the cases, evidence so far adduced before the Court of law is not sustainable. The said Saukat Ali which has been examined by the respondent as a preliminary witness in the said CR Case 717/2016 who has now denied the marriage between the parties in fact, has already given statement in the GR Case No. 4393/2011 u/s 498(A) IPC u/s 161 CrPC admitting about his marriage with the respondent in which case the petitioner was acquitted from the charge. In another case where the respondent has challenged the authenticity of divorce certificate between the petitioner and respondent in Hatigaon PS Case No. 315/2015 has ended in final report. Thus, referring to all the matters on record and the evidence so far adduced by the petitioner side in the Family Court matters and also in view of pendency of CR Case No. 2515/2015 filed by the petitioner u/s 494/495 IPC against the respondent contending about her earlier marriage, the present CR Case has been filed only to frustrate the said case and to use the same as a defence only. The evidence of the Sadar Kazi given in the Family Court has been pressed into who has specifically stated about the marriage between the respondent and said Saukat Ali and urged this Court to look into the said evidence for proper appreciation of the matter.

10. Per contra Mr. K. N. Choudhury for on behalf of the respondent has made a submission that there is no illegality in the aforesaid order while taking cognizance. Only after making an enquiry u/s 202 CrPC, the Court has taken cognizance. Another contention as regard the issuance of marriage certificate. It has been contended that the Kazi in his evidence before Family Court stated that Pin code of Hatigaon has been re-numbered from Guwahati 6 to Guwahati 38 in the year 2000 which shows the subsequent documents are manufactured after 2000 and the petitioner herein by manipulating documents and by managing the police personnel has managed false evidence. According to the learned senior counsel for the respondent the marriage document has been obtained in collusion with the Kazi and both the petitioners as well as the Kazi has committed the offence u/s 468/471 IPC and as such provision of u/s 195(1) (b) (ii) CrPC is not attracted. Further, it contends that Hatigaon PS Case No. 315/2015 is no way connected with the present complaint case which was filed on different cause of action and hence the Ld. Magistrate has committed no error in taking cognizance against the petitioner.

11. I have given due consideration to the rival submission of both the parties and also perused the document annexed. Let us first take note of the fact that the present petition has been filed under the Provision of Section 482 CrPC and not as a revisional petition. The scope of ambit of both the provisions is well defined under the Code of Criminal Procedure. While under the revisional jurisdiction the Court has limited power to look into the legality, correctness and propriety or otherwise order and judgment of a Court and unless there is gross illegality resulting injustice to litigates, the revisional Court cannot appreciate the evidence on record; whereas the scope and ambit of Sec. 482 of the Court is wider enough and not control by any of the provision under the Code and aim and object of the provision is to prevent abuse of process of law and to secure ends of justice.

12. Let us appreciate the provision a little bit detail. The inherent power of Sec. 482 CrPC envisages 3 (three) circumstances under which inherent jurisdiction may be exercised namely (i) to give effect to an order of the Code (ii) to prevent the abuse of process of Court and (iii) to otherwise secure the ends of justice. While exercising power under the section, the Court does not function as a Court of appeal or revision but equally such jurisdiction has to be exercised carefully and sparingly, with circumspection. In CBI Vs. K.M Sasran, (2008) 4 SCC 471, it has been held that power possessed by the High Court u/s 482 and the Code very wide and the very plentitude of the power requires great caution in its exercise, to render substantial justice to the parties. Inherent power can be invoked when special circumstances are made out and the High Court may exercise the power relating to cognizance of offence to prevent abuse of process of Court State of Haryana Vs. Bhajan Lal,1992 Supp 1335 CBI Vs. Ravishankar Srivastava, (2006) AIR SC 2872.

13. The power of provision of Sec. 482 CrPC is wide enough and not controlled by the provision of Sec. 397 CrPC. The inherent power u/s 482 CrPC is wide enough and if judiciously and consciously exercised, it can take care almost all the situations where interference by the High Court became necessary on account of delay in the proceeding or for any other reason amounting to operation or harassment in any trial enquiry or proceeding. In the appropriate cases the High Court has power for quashing the FIR and investigation and terminating criminal proceeding if case of abuse of process of law is made out and for the purpose the Court can also examined whether any legal evidence justifying conviction.

14. The scope of revisional jurisdiction is very limited. The Court cannot re-appreciate the evidence afresh as if sitting in appeal unless evidence found perverse and unreasonable. The Court while exercising revsional jurisdiction cannot enter into a detailed discussion of merit and demerit of the case, but can only interfere if such findings is based on no evidence or any other error of law. It gives no power to straight right the error or illegality. As a broad proposition revisional interference may be justified a where (a) decision is grossly erroneous (b) there is no compliance of provison of law (c) finding of fact effecting the decision is not based on evidence (d) material evidence of parties is not considered (e) judicial discretion is exercised arbitrarily and perversely.

15. In course of the submission, the learned counsel for the respondent Mr. Choudhury has submitted that there is no illegality in the order while taking cognizance by the Court as same has been undertaken after making an enquiry u/s 202 CrPC. Such a submission would be proper if the matter relates to revision u/s 397 CrPC against an order of taking cognizance. But the present petition has been preferred under the provision of inherent power u/s 482 CrPC. As has been discussed above, the scope and ambit of both the provisions are quite distinct & different and in fact, scope of inherent power u/s 482 is much wider than the revisonal jurisdiction.

16. Guided by the provision of law as mentioned above let us appreciate the matter on hand. Admittedly, the litigation is between husband and divorce wife and there is no dispute as regard the series of cases filed by the parties against each other (as mentioned above). To appreciate the whole matter we have to look into the affairs between the parties which would go to show that they are in serious litigation. We may take note that every case had a given background which prompted a person to lodge allegation against the other and of course a person has a liberty to file a case to raise grievances, against a wrong doer on the pretext of law. The crux of the matter lies, in all eventualities Court of law can be asked to take action against a wrongful act of a person, which would constitute of an offence in legal parlance. The authenticity of such allegation is the hall mark to initiate such criminal proceeding in a Court of law.

17. Reverting to the facts in hand it is to be noted that the parties are in separation since 1999/2000 and according to the petitioner due to suppression of earlier marriage by the respondent/wife there was serious dispute between the parties and as he raised the issue, the petitioner was harassed by the respondent as well as her family like anything for which he have to lodged case against the family of the respondent and ultimately he obtained a divorce from the office of the Kazi as per Muslim rites in the year 2011. The respondent although admitted about their separation but she has not explained properly as to the reasons for their separation except some vague allegation of dowry demand. Facts to be noted that the respondent never came forward to claim any sort of relief like maintenance, residence etc. etc. till 2011. But as soon as the divorce was granted to the petitioner, she began to file cases one after another against the petitioner since 2011. There is no any explanation about her silence for not filing any case earlier since 1999/2000 to 2011 (even after long separation) which bears a much impact on the issue.

18. As there is no dispute regarding the evidence adduced by the petitioner and his other witness before the Family Court, so there is no difficulty to look into the evidence that has been adduced by the petitioner. Having regard to the various facts and circumstances as brought to the notice of this Court, I deem it necessary to examine the evidence of both the parties, given in this cases also. Petitioner in the said case No. FC (c) 545/2011 before the Family Court, as DW-1 has stated that he came to know about the earlier marriage of the respondent with one Saukat Ali and he produced the marriage certificate and Kabilnamma through R.T.I which he exhibited as Exhibit1 and Exhibit-2. It is to be noted that the respondent has not cross-examined the petitioner challenging the said documents. No any suggestion was given to him denying the execution of said documents. However, on a query made by the respondent side, it has been replied by the petitioner that the exhibit-1 was obtained through RTI application from the Office of Kazi.

19. On the next, the other witness the Kazi who happended to testify the execution of said marriage deed exhibit-1 and exhibit-2, appearing as DW-2, in his evidence has stated that the petitioner submitted an application for divorce of his wife in his office on 2.4.2011 and after serving three notices upon the respondent (exhibit-A, B & C) ultimately divorce certificate was issued by him on 18.8.2011. The said witness further has stated that on verification of document in his office, he found that Rehena Begum was earlier marriage to Saukat Ali, S/o Md. Rajjak Ali on 11.6.1987 in presence of witnesses namely Md. Hamid Ali S/o Lt. Habibulla, R/o Lakhtokiya Panbazar, Guwahati and Md. Gaffar , S/o Abdul Kayum, R/o Lakhtokia Panbazar, Guwahati but however did not find any divorce registration of Saukat Ali in his office.

20. The learned counsel for the respondent is hammering on the cross-examination of said witness while he stated that he had knowledge of Rehena s earlier marriage and he has not issued the marriage certificate of Rehena. Accordingly it is contended that he has no knowledge about the marriage between the parties. But the said challenge of the respondent bears no consequence while the said witness in later apart of cross-examination has stated that he has gone through the office record to say about the marriage between the parties but he did not find any divorce certificate. Moreso, he was appointed as Kazi in the year 1989 while as per record marriage took place in the year 1987 so having of no personal knowledge about the marriage in the year 1987 is quite apparent. Moreover what he has stated is from record of his office.

21. From the evidence of both the witnesses discussed above, it is found that the above marriage certificate was obtained by the petitioner from the office of the Kazi/ DW-2 through RTI application and he was not author of the said certificate nor he has any signature upon the same so as to hold him as a maker of the document. On the other hand, the respondent knowing all above, has filed the impugned complaint case u/s 468 IPC projecting the petitioner as the maker of the said documents.

22. What amounts to forgery is defined u/s 463 IPC so it is pertinent to look as the definition of forgery.

Sec. 463 Forgery- Whoever makes any false documents [ or false electronic record] or part of a document [or electronic record,] with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

To understand the meaning of making false document as defined in the Section it is necessary to discuss the section 464 IPC. Sec. 464 Making a false document- A person is said to make a false document or false electronic record-

First- Who dishonestly or fraudulently-

(a) makes, signs, seals or executes a document or part of a document;

(b) makes or transmits any electronic record or part of any electronic record;

(c) affixes any electronic signature on any electronic record;

(d) makes any mark denoting the execution of a document or the authenticity of the electronic signature, with the intention of causing it to be believed that such document or part of document, electronic record or electronic signature was made, signed, sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed; or

Secondly.- Who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with electronic signature either by himself or by any other person, whether such person be living or dead at the time of such alteration;

Thirdly.- Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his electronic signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or electronic record or the nature of the alteration.

Explanation 1. A man s signature of his own name may amount to forgery.

Explanation 2. The making of a false document in the name of a fictitious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery.

Explanation 3. For the purposes of this section, the expression affixing electronic signature shall have the meaning assigned to it in clause (d) of subsection (1) of section 2 of the Information Technology Act, 2000.

Further Section 465 IPC provides for punishment of forgery and Section, 468 IPC prescribed punishment for forgery for the purpose of cheating. Section 468 IPC read as follows:

Whoever commits forgery, intending that the (document or electronic record forged) shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extent to 7 (seven) years and shall also be liable to fine.

23. The combined reading of aforesaid provision make it clear that while the section 463 defines the offence of forgery and the Section 464 provides as to what amounts to making false document for the purpose of committing forgery u/s 463 IPC. Further Sec. 465 provides for punishment of commission of forgery whereas Section 468 provides that whoever commits forgery (makes false document) with an intention for cheating is liable to be punished as mentioned above. In order to make out an offence either 465 IPC or 468 IPC first it has to be shown that forgery was committed u/s 463 IPC. In Sheila Sebastian Vs. R. Jawaharaj and another etc. the Hon ble Supreme Court in Crl. Appeals No. 359-360 of 2010 in Para (20) elaborating all above it has been held that an offence of forgery cannot lie against a person who has not created it or signed it. Relevant portion of the judgment extracted below:

Para 25

Keeping in view the strict interpretation of penal statute i.e., referring to rule of interpretation wherein natural inferences are preferred, we observe that a charge of forgery cannot be imposed on a person who is not the maker of the same. As held in plethora of cases, making of a document is different than causing it to be made. As Explanation 2 to Section 464 further clarifies that, for constituting an offence under Section 464 it is imperative that a false document is made and the accused person is the maker of the same, otherwise the accused person is not liable for the offence of forgery.

Para 26

The definition of false document is a part of the definition of forgery. Both must be read together. Forgery and Fraud are essentially matters of evidence which could be proved as a fact by direct evidence or by inferences drawn from proved facts.

Para 29

Section 464 of the IPC makes it clear that only the one who makes a false document can be held liable under the aforesaid provision. It must be borne in mind that, where there exists no ambiguity, there lies no scope for interpretation.

24. In the aforesaid judgment decision of the Md. Ibrahim and others Vs. State of Bihar and another, (2009) 8 SCC 751 has also been referred. Relevant portion of the observation of Md. Ibrahim is quoted below;

a person is said to have made a false document if (i) he made or executed a document claiming to be someone else or authorized by someone else; or

(ii) he altered or tampered a document; or

(iii) he obtained a document by practicing deception or from a person not in control of his senses.

25. Reverting to the matter in hand, it is an admitted position that the petitioner is not the maker of the said marriage deed between the respondent and another and ingredient of the offence u/s 463 IPC will not be attracted against him. Said document was issued from the office of Kazi bearing registration No., date and seal of Kazi. It is a different position altogether that Family Court has not accepted valid divorce between the parties as on 18.8.2011 (which was under challenge) but fact remains that Kazi has given evidence about due execution of marriage certificate between the respondent Soukat Ali as on 11.6.1987 in the office of Kazi, which is not yet disproved by respondent. More importantly, the petitioner has already lodged complaint case bearing CR No. 2512/2015 for bigamy against the respondent and during pendency of said case, filing of present CR Case No. 717/2016 can apparently stated to be filed only to resist the aforesaid case.

26. In Bhajan Lal Case State of Haryana Vs. Bhajan Lal, (1992) Supp1 SCC 335, Hon ble Supreme Court enumerated the categories of cases, by way of illustration, wherein the High Court would be justified in exercising its inherent power under section 482 CrPC or Article 226 of the Constitution of India to prevent abuse of the process of court or to otherwise secure the ends of justice. In para 102, these categories of cases are listed as under: (SCC pp. 378-79)

(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155 (2) of the Code.

(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

(4) Where, the allegations in the FIR do not

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constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is 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. In my considered opinion, the case pleaded by the petitioner, and as argued by Mr. G. N. Sahawalla, squarely falls within the ambit of Propositions 7. 27. Expressing anxiety over such malicious institution of criminal cases, Hon ble Supreme Court in 1993 (1)SCC 561 held as below- The Court should not be indirectly used as an instrumental by anyone to attain or obtain any beneficial achievement which one could not get through normal legal process. If anyone approaches the Court with ulterior motive, designed to wrench some personal benefit by putting another within the clutches of law and using the Court as a devise only for that end but not to get any legal remedy, then in such a situation the Court should heavily come upon such a person and see that the authority of the Court is not misused. The same position is reiterated in another pronouncement in, Ravinder Singh Vs. Sukhbir Singh & Ors., (2013) 9 SCC 245 in following words- The inherent power of the Court in dealing with an extraordinary situation is in the larger interest of administration of justice and for preventing manifest injustice being done. Thus, it is a judicial obligation on the Court to undo a wrong in course of administration of justice and to prevent continuation of unnecessary judicial process. It may be so necessary to curb the menace of criminal prosecution as an instrument of operation of needless harassment. A person cannot be permitted to unleash vendetta to harass any person needlessly. Ex debito justitiae is in built in the inherent power of the Court and the whole idea is to do real, complete and substantial justice for which the courts exist. Thus, it becomes the paramount duty of the Court to protect an apparently innocent person, not to be subjected to prosecution on the basis of wholly untenable complaint. In the envil of legal proposition discussed above and in the given background of factual matrix of the case, necessary corollary would follow that continuation of such criminal proceeding is against the interest of justice and amount to abuse of process of law. Under the circumstances the entire proceeding of C.R. Case No. 717/2016 pending before the learned JMFC, Kamrup(M), Guwahati hereby quashed and set aside. The petition stand disposed of accordingly.
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01-08-2019 Md. Afroj Alam @ Md. Afaroj Alam @ Afroj Alam & Another Versus State of Bihar High Court of Judicature at Patna
18-07-2019 West Bengal State Electricity Distribution Co. Ltd. Versus Noor Alam Mollah & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
05-07-2019 Md. Sarfaraz @ Md. Sarfaraz Alam & Another Versus The State of West Bengal High Court of Judicature at Calcutta
30-05-2019 For the Petitioner: I. Alam, Advocate. For the Respondent: ------------- High Court of Gauhati
29-05-2019 A. Alam Pasha Versus Ravishankar High Court of Karnataka
26-04-2019 Md Noor Alam & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
17-04-2019 Monjur Alam Mallick Versus Rajib Saha High Court of Judicature at Calcutta
09-04-2019 Parwez Khan @ Parwez Alam Versus State of Bihar High Court of Judicature at Patna
08-04-2019 Mofikul Alam Molla & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
29-01-2019 Jane Alam Molla & Another Versus State of West Bengal High Court of Judicature at Calcutta
24-01-2019 Sukla Chakraborty Versus Abed Alam & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
14-01-2019 Safi @ Safik Alam, (CG) Versus State of Chhattisgarh High Court of Chhattisgarh
10-01-2019 Shafiuddin Versus Mashur Alam High Court of Judicature at Allahabad
03-01-2019 Md. Mahfooz @ Md. Mahfooz Alam Versus The State of Bihar High Court of Judicature at Patna
24-10-2018 Goudhul Alam Meera Maideen Pallivasal, Rep. Through its President Versus Mahaboob John & Another Before the Madurai Bench of Madras High Court
16-10-2018 Nisar Mehboob Alam Khan, Aurangabad Versus Joint Commissioner of Income-Tax, Nashik Income Tax Appellate Tribunal Pune
24-09-2018 Mohd. Alam & Another Versus State High Court of Delhi
20-09-2018 Parvez Alam Versus State of Uttarakhand & Others High Court of Uttarakhand
19-09-2018 Sk. Jahangir Alam Versus The Branch Manager, SBI Life Insurance Co. Ltd. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
27-08-2018 Dr. Mahboob Alam I.P.S. (Retd.) Versus The Registrar, Central Administrative Tribunal (Madras Bench), Chennai & Others High Court of Judicature at Madras
27-08-2018 Md. Iftakar Alam & Others Versus The Kolkata Municipal Corporation & Others High Court of Judicature at Calcutta
24-08-2018 Md. Parvez Alam & Others Versus State of Bihar High Court of Judicature at Patna
23-08-2018 Royal Sundaram General Insurance Co. Ltd. Versus Imteyaz Alam National Consumer Disputes Redressal Commission NCDRC
31-07-2018 M/s. Gahana Mahal Rep. by Amjad Alam Versus Sadaf Safique West Bengal State Consumer Disputes Redressal Commission Kolkata
27-07-2018 Beeru Alias Shah Alam Versus State of U.P. High Court of Judicature at Allahabad
24-07-2018 Md. Ibraj Alam, East Sikkim & Another Versus The State of Sikkim Through, The Public Prosecutor, High Court of Sikkim, East Sikkim High Court of Sikkim
12-07-2018 M/s. Shrachi Leathertex Pvt. Ltd. Versus Sk. Qumru Alam & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
11-07-2018 Noor Alam Khan Versus Hasina Bano Noor Alam & Another High Court of Judicature at Bombay
27-04-2018 Nafiz Alam Nurul Hudda Shaikh & Others Versus The State of Maharashtra High Court of Judicature at Bombay
03-04-2018 Jahir Alam Versus Ram Lakhan Prasad Vishwakarma & Others High Court of Jharkhand
22-12-2017 Sofia Hasan, USA, rep. by her GPA Zulfaquar Alam Versus Shaik Mansoor Ali In the High Court of Judicature at Hyderabad
21-09-2017 Mohd. Mahboob Ali @ Sheru @ Sheikh Alam Versus State of U.P. High Court of Judicature at Allahabad
25-08-2017 In Re : Md. Aftab Alam High Court of Judicature at Calcutta
08-08-2017 Fakhre Alam & Another Versus State of West Bengal & Others High Court of Judicature at Calcutta
17-07-2017 Amir Alam Versus State of Punjab High Court of Punjab and Haryana
14-07-2017 Mujibur Rehman Haji Israr Alam Siddiqui Versus M/s. K.T. Kubal & Co. High Court of Judicature at Bombay
15-06-2017 Mohd. Maqsood Alam & Others Versus State (NCT of Delhi) High Court of Delhi
04-05-2017 Elegant Carpet Alam Exports and Others V/S Authorized Officer, Bank of Baroda and Others. Debts Recovery Tribunal Allahabad
25-04-2017 Rajib Saha Versus Monjur Alam Mallick High Court of Judicature at Calcutta
18-04-2017 Jahir Alam @ Jahid @ Jabed Versus The State of West Bengal High Court of Judicature at Calcutta
11-04-2017 TCP Marketing & Research Private Limited Versus Khurshid Alam High Court of Judicature at Calcutta
03-04-2017 Roshan Aara Versus Jahir Alam High Court of Jharkhand
09-03-2017 Shahne Alam Versus M/s. I.K. Polymers Pvt. Ltd. High Court of Delhi
08-02-2017 Md. Feroz Alam Versus The State of Bihar & Others High Court of Judicature at Patna
31-01-2017 Mohd. Khursheed Alam Versus State of Uttar Pradesh High Court Of Judicature At Allahabad Lucknow Bench
02-01-2017 Dr.MD. Dilwar Alam Khan Versus State of Assam & Others High Court of Gauhati
22-12-2016 Syed Naqui Alam Versus State of Bihar High Court of Judicature at Patna
15-12-2016 Sayyed Alam & Others Versus State of Assam & Others High Court of Gauhati
15-12-2016 Khaleek Versus Naaz Alam High Court of Judicature at Allahabad
16-09-2016 Md. Anwar Alam Khan & Another Versus Zaibun Nisa & Others High Court of Judicature at Calcutta
26-08-2016 Sayed Moinuddin Versus Md. Mehaboob Alam & Others High Court of Karnataka Circuit Bench OF Kalaburagi
17-08-2016 Mansoor @ Mansoor Alam @ Mansoor Ali & Another Versus The State of Jharkhand High Court of Jharkhand
29-07-2016 Shah Alam Versus Union of India & Others High Court of Judicature at Allahabad
05-07-2016 Alam Chand Versus State of H.P. High Court of Himachal Pradesh
20-06-2016 Khorshed Alam Versus Oil & Natural Gas Corporation Limited. & Another High Court of Tripura
18-05-2016 Md. Sawood Alam Versus The State of Bihar through the Secretary, Home Department, Government of Bihar, Patna & Others High Court of Judicature at Patna
08-04-2016 The State Govt of Nct of Delhi & Another Versus Tanjeer Alam @ Raja & Another High Court of Delhi
07-02-2016 Md. Shamsur Alam Versus Reliance General Insurance Co. Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
11-01-2016 Athar Alam Ansari Versus Walayet Ali Roomi Ansari & Another High Court of Judicature at Calcutta
07-01-2016 Md. Shamsur Alam Versus Reliance General Life Insurance Co. Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
29-12-2015 Masarat Alam Bhat Versus State & Others High Court of Jammu and Kashmir
16-10-2015 Mohd. Amir Alam Versus The State of Bihar High Court of Judicature at Patna
13-10-2015 Nayab Alam Versus Tanveer Sultana High Court of Judicature at Allahabad
06-10-2015 Dr. Samiran Banerjee & Another Versus Syed Meraj Alam Jharkhand State Consumer Disputes Redressal Commission Ranchi
16-09-2015 Ram Alam & Others Versus D.D.C., Varanasi & Others High Court of Judicature at Allahabad
15-09-2015 Musheer Alam Versus Ramesh & Others High Court of Judicature at Allahabad
06-08-2015 Tabrez Alam Versus The State of Bihar High Court of Judicature at Patna
03-08-2015 Kamre Alam Versus Md. Nasir Ahmed Khan West Bengal State Consumer Disputes Redressal Commission Kolkata
22-07-2015 Fakhre Alam & Others Versus Amity Business School, Noida & Others National Consumer Disputes Redressal Commission NCDRC
17-06-2015 Md. Anwar Alam Khan Versus Zaibun Nisa & Others High Court of Judicature at Calcutta
06-06-2015 Jahangir Alam Versus National Insurance Co. Ltd. Through Divisional Manager & Another Delhi State Consumer Disputes Redressal Commission New Delhi
04-05-2015 Mijanur Alam Versus The State of West Bengal & Others High Court of Judicature at Calcutta
29-04-2015 The Branch Manager, New India Assurance Company Limited. Versus Zafeer Alam & Another Jharkhand State Consumer Disputes Redressal Commission Ranchi
28-04-2015 Md. Naseem Alam Versus The State of Bihar through the District Collector & Others High Court of Judicature at Patna
24-04-2015 Shah Alam Versus State of Uttar Pradesh & Others High Court of Judicature at Allahabad
08-04-2015 Dr. Ambica Prasad Versus Md. Alam & Another Supreme Court of India
12-03-2015 Sk. Samsher Alam Versus Sri Prasanta Gyan & Another High Court of Judicature at Calcutta
05-02-2015 Pongathsi Sangtam Versus J. Alam, IAS & Others High Court of Gauhati
22-01-2015 Abdul Raqeeb Alam Versus The State of Bihar through the Principal Secretary & Others High Court of Judicature at Patna
04-12-2014 Sk. Rabiul Alam Versus Dinesh Kumar Goyal & Another High Court of Judicature at Calcutta
17-11-2014 Aaftab Alam Versus Union of India & Another Central Administrative Tribunal Principal Bench New Delhi
12-11-2014 Niyamatullah & Others Versus Badre Alam & Others High Court of Judicature at Allahabad
10-10-2014 M/s. K.T. Kubal & Company Versus Mujibur Rehman Haji Israr Alam Siddiqui High Court of Judicature at Bombay
17-09-2014 Mashkoor Alam Versus Amir Bano High Court of Judicature at Allahabad
15-09-2014 Md Anwar Alam Khan & Another Versus Zaibun Nisa & Others High Court of Judicature at Calcutta
08-09-2014 National Insurance Co. Ltd. Through General Manager & Another Versus Alam Ali National Consumer Disputes Redressal Commission NCDRC