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2.
This appeal is against a judgment and order dated
15th December, 2020 passed by the High Court of Judicature at
Allahabad dismissing the application of the Appellant under
Section 482 of the Code of Criminal Procedure (hereinafter
referred to as the ‘Cr.P.C.’).
3.
As recorded in the judgment and order impugned, the
application under Section 482 of the Cr.P.C. had been filed for
quashing of proceedings in Crime Case No.5973/2020 (State v. Rajan
Kumar) under Sections 420, 467, 468 and 471 of the Indian Penal
Code (hereinafter referred to as the ‘I.P.C.’), Police Station
Shahpur, District Gorakhpur pending in the Court of the Additional
2
Chief Judicial Magistrate, IIIrd District Gorakhpur and also to
quash the charge sheet dated 18th January, 2020 and summoning order
dated 26th June, 2020. The High Court has, in detail, recorded the
arguments of the applicants which are very briefly summarised
hereinbelow :-
(i)
The case lodged was false and baseless;
(ii) Charge-Sheet had been submitted without proper investigation
and evidence;
(iii) No prima facie case was disclosed against the applicants.
4.
It is the case of the Appellant that one Arjun Dev and his
wife Bela Rani were recorded as Bhumidhar of Plot No. 971M area
918 Aire (hereinafter referred to as the ‘plot in question’) and
that they had executed a registered Power of Attorney in favour of
the Applicant No.1 Rajan Kumar, who has since died. | <para>
2.
This appeal is against a judgment and order dated
15th December, 2020 passed by the High Court of Judicature at
Allahabad dismissing the application of the Appellant under
Section 482 of the Code of Criminal Procedure (hereinafter
referred to as the ‘Cr.P.C.’).
3.
As recorded in the judgment and order impugned, the
application under Section 482 of the Cr.P.C. had been filed for
quashing of proceedings in Crime Case No.5973/2020 (State v. Rajan
Kumar) under Sections 420, 467, 468 and 471 of the Indian Penal
Code (hereinafter referred to as the ‘I.P.C.’), Police Station
Shahpur, District Gorakhpur pending in the Court of the Additional
2
Chief Judicial Magistrate, IIIrd District Gorakhpur and also to
quash the charge sheet dated 18th January, 2020 and summoning order
dated 26th June, 2020. The High Court has, in detail, recorded the
arguments of the applicants which are very briefly summarised
hereinbelow :-
(i)
The case lodged was false and baseless;
(ii) Charge-Sheet had been submitted without proper investigation
and evidence;
(iii) No prima facie case was disclosed against the applicants.
</para>
<para>
4.
It is the case of the Appellant that one Arjun Dev and his
wife Bela Rani were recorded as Bhumidhar of Plot No. 971M area
918 Aire (hereinafter referred to as the ‘plot in question’) and
that they had executed a registered Power of Attorney in favour of
the Applicant No.1 Rajan Kumar, who has since died.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
5.
It is said that on the basis of the said Power of Attorney,
the said Rajan Kumar (since deceased) executed sale deeds in
favour of the Appellant and his family members on 16th July, 2014,
1st August, 2014, 6th August, 2014 and 23rd July, 2014, pursuant to
which, the name of the Appellant and others were mutated in the
Revenue records.
6.
From the facts, as recorded in the judgment and order under
appeal, it appears that during the mutation proceedings, one Smt.
Beena Srivastava had filed objections before the Naib Tehsildar
but the same were rejected and the property was duly mutated in
favour of the Appellant and his family members by an order dated
28th February, 2015.
3
7.
Smt. Beena Srivastava filed an Original Suit No. 971 of 2014
for cancellation of the Power of Attorney dated 4th June, 2014 and
the sale deeds executed by Rajan Kumar (since deceased) in favour
of the Appellant and his family members but that suit was
dismissed under Order VII Rule 11 of the Code of Civil Procedure,
by order dated 18th September, 2015. | <para>
5.
It is said that on the basis of the said Power of Attorney,
the said Rajan Kumar (since deceased) executed sale deeds in
favour of the Appellant and his family members on 16th July, 2014,
1st August, 2014, 6th August, 2014 and 23rd July, 2014, pursuant to
which, the name of the Appellant and others were mutated in the
Revenue records.
6.
From the facts, as recorded in the judgment and order under
appeal, it appears that during the mutation proceedings, one Smt.
Beena Srivastava had filed objections before the Naib Tehsildar
but the same were rejected and the property was duly mutated in
favour of the Appellant and his family members by an order dated
28th February, 2015.
3
</para>
<para>
7.
Smt. Beena Srivastava filed an Original Suit No. 971 of 2014
for cancellation of the Power of Attorney dated 4th June, 2014 and
the sale deeds executed by Rajan Kumar (since deceased) in favour
of the Appellant and his family members but that suit was
dismissed under Order VII Rule 11 of the Code of Civil Procedure,
by order dated 18th September, 2015.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
8.
The order dated 18th September, 2015 was challenged in First
Appeal No.531 of 2015 before the High Court. That appeal was
partly allowed by an order dated 26th November, 2015 with a
direction on the Trial Court to return the plaint of the plaintiff
for presentation before the appropriate Court.
9.
Being aggrieved by the order of the High Court dated 26th
November, 2015, Smt. Beena Srivastava, approached this Court by
filing Special Leave Petition (Civil) No. 2848 of 2016 which had
been dismissed by an order dated 8th September, 2016. From the
judgment and order impugned, it appears that it had been submitted
before the High Court that Chandra Prakash Srivastava and Smt.
Beena Srivastava had also filed a Contempt Application No. 706 of
2016 which had been dismissed by an order dated 10th February,
2016. Before the High Court, it was submitted that when Beena
Srivastava could not get any relief from the Trial Court right
upto this Court, she filed a Writ Petition No. 12275 of 2016 which
had also been dismissed by an order dated 28th March, 2016. The
said Beena Srivastava’s son, Dr. Virat Swaroop Saxena also filed a
contempt application which had been dismissed by an order dated
29th July, 2016.
4 | <para>
8.
The order dated 18th September, 2015 was challenged in First
Appeal No.531 of 2015 before the High Court. That appeal was
partly allowed by an order dated 26th November, 2015 with a
direction on the Trial Court to return the plaint of the plaintiff
for presentation before the appropriate Court.
</para>
<para>
9.
Being aggrieved by the order of the High Court dated 26th
November, 2015, Smt. Beena Srivastava, approached this Court by
filing Special Leave Petition (Civil) No. 2848 of 2016 which had
been dismissed by an order dated 8th September, 2016. From the
judgment and order impugned, it appears that it had been submitted
before the High Court that Chandra Prakash Srivastava and Smt.
Beena Srivastava had also filed a Contempt Application No. 706 of
2016 which had been dismissed by an order dated 10th February,
2016. Before the High Court, it was submitted that when Beena
Srivastava could not get any relief from the Trial Court right
upto this Court, she filed a Writ Petition No. 12275 of 2016 which
had also been dismissed by an order dated 28th March, 2016. The
said Beena Srivastava’s son, Dr. Virat Swaroop Saxena also filed a
contempt application which had been dismissed by an order dated
29th July, 2016.
4
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
10. Pursuant to the order dated 28th March, 2016 passed by the
High Court in Writ Petition No.12275/2016, the Appellant
instituted Original Suit No.608 of 2016 in the Court of Civil
Judge, Senior Division, Gorakhpur for permanent injunction in
respect of the plots in question. It appears that by an order
dated 12th April, 2016, temporary injunction had been granted in
favour of the Appellant. This is recorded in the judgment and
order under appeal.
11. It was the case of the applicants before the High Court,
(including Rajan Kumar, since deceased), that having failed to get
relief from the courts, Beena Srivastava brought in Ratnesh
Mishra, Smt. Afroz Athar and Abdul Gani into the picture to harass
the Appellant. We are not really concerned with these allegations
for the purpose of this appeal. | <para>
10. Pursuant to the order dated 28th March, 2016 passed by the
High Court in Writ Petition No.12275/2016, the Appellant
instituted Original Suit No.608 of 2016 in the Court of Civil
Judge, Senior Division, Gorakhpur for permanent injunction in
respect of the plots in question. It appears that by an order
dated 12th April, 2016, temporary injunction had been granted in
favour of the Appellant. This is recorded in the judgment and
order under appeal.
</para>
<para>
11. It was the case of the applicants before the High Court,
(including Rajan Kumar, since deceased), that having failed to get
relief from the courts, Beena Srivastava brought in Ratnesh
Mishra, Smt. Afroz Athar and Abdul Gani into the picture to harass
the Appellant. We are not really concerned with these allegations
for the purpose of this appeal.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
12. Suffice it to mention that the judgment and order under appeal
records the submission of the applicants that the Power of
Attorney holder of Bela Rani, namely, Rajan Kumar (since deceased)
had executed the sale deed dated 22nd June, 2017 in favour of the
Applicant No.2 (that is, the Appellant before us) after receiving
5
the sale consideration. Later, a supplementary deed was executed
on 16.09.2017. On the basis of Sale Deed dated 22nd June, 2017,
the name of the Appellant was mutated in the records. Further
details of what transpired are not recorded to avoid unnecessary
prolixity. Suffice it to mention that the Respondent No.2 filed an
FIR in this Court. The relevant extracts from the said FIR,
lodged on 16th September, 2017 are reproduced hereinbelow for
convenience :-
“The applicant has purchased on 21.08.2017 one house with
courtyard in which shops are also present from Smt. Afroz wife
of Ghani Athar Resident of Moh. Basharpur, Gorakhpur and
Virendra Kumar Abrol son of Ram Swarop Abrol Resident of Jail
Road Shahpur currently residing at Raghav Nagar Deoria by way of
registered Sale Deed in which one shop made by asbestos sheet
and one residential Room with Gate at back side is constructed.
……………………….
……………………..
……………………..
The said house with boundary wall & shop is registered in the
name of Afroz Athar at the Municipal Corporation and she has
been paying the applicable house Tax on the same and nobody had
interfered in her possession. In the meanwhile, Afroz Athar
was in dire need of money and proposed to sell the said Land
and house to the applicant. The Applicant purchased the said
House No. 239/B with the house and courtyard by way of Sale
Deed and as a precautinary measure also got the signatures of
the erstwhile owner Virendra Kumar Abrol on the Sale Deed so
that no dispute remains in the future. In the meantime, one
other person Rajan Kumar son of Late Ramswaroop 77 Geeta
Vatika, Shahpur Gorakhpur currently residing at Ragav Nagar
Deoria on the basis of a false Power of Attorney of Bela Rani
executed a Sale Deed to Randheer Singh son of Late Shiv Shanker
House No. 11C Divya Nagar Colony P.S Khorabar, Gorakhpur by
connivance whereas Bela Rani had no right to sell the Afroz
Athar’s House intact with Boundary wall. On the basis of the
same False Sale Deed Randheer Singh and Rajan Kumar in
association with the witnesses of the said sale deed Vishal
Sharma son of Ram Chandra & Sunil Kumar son of Sh. Rajdev, who
are Criminal natured persons, are attempting to trespass the
house by breaking open the Lock and today night have also got
written their name in my absence. When in the morning the
applicant got the knowledge of the same he went to the police
station to lodge First Information Report but due to their
influence our report could not be lodged and for which the
applicant is making this application before you. The above
stated Randheer Singh and Rajan Kumar have done this to obtain
6
their benefit & have created a False document and by intention
to cause loss to us & to forcibly grab my house and therefore
for this reason it is necessary in the interest of justice to
registered a case against them. Hence it is prayed that the
case be registered ………….”
13. As pointed out by Mr. Sanjeev Agarwal, learned counsel
appearing on behalf of Respondent No.2, the FIR was challenged in
the High Court of Judicature at Allahabad under Article 226 of the
Constitution of India. The said writ petition was disposed of by
order dated 5th October, 2017 with the following order:
“It is contended that the dispute in respect of the
property as to whether the petitioners have any right
therein on the basis of conveyance deed executed by
power of attorney holder or the first informant has the
right is purely civil in nature and does not give rise
to any criminal liability.
Learned AGA and Sri Sudhanshu Pandey, appearing for
complainant-respondent no. 3 opposed the petition.
We have gone through the allegations contained in the
impugned F.I.R., which, prima-facie, discloses
commission of cognizable offence, as such, we are not
inclined to interfere in the F.I.R.
However, in view of the facts and the allegations made
in the FIR, writ petition stands finally disposed of
with the direction that the petitioners shall not be
arrested in the aforesaid case crime number till
submission of police report under Section 173(2)
Cr.P.C. before the Court concerned, subject to their
cooperation in the investigation, which will go on and
shall be brought to a logical end.” | <para>
12. Suffice it to mention that the judgment and order under appeal
records the submission of the applicants that the Power of
Attorney holder of Bela Rani, namely, Rajan Kumar (since deceased)
had executed the sale deed dated 22nd June, 2017 in favour of the
Applicant No.2 (that is, the Appellant before us) after receiving
5
the sale consideration. Later, a supplementary deed was executed
on 16.09.2017. On the basis of Sale Deed dated 22nd June, 2017,
the name of the Appellant was mutated in the records. Further
details of what transpired are not recorded to avoid unnecessary
prolixity. Suffice it to mention that the Respondent No.2 filed an
FIR in this Court. The relevant extracts from the said FIR,
lodged on 16th September, 2017 are reproduced hereinbelow for
convenience :-
“The applicant has purchased on 21.08.2017 one house with
courtyard in which shops are also present from Smt. Afroz wife
of Ghani Athar Resident of Moh. Basharpur, Gorakhpur and
Virendra Kumar Abrol son of Ram Swarop Abrol Resident of Jail
Road Shahpur currently residing at Raghav Nagar Deoria by way of
registered Sale Deed in which one shop made by asbestos sheet
and one residential Room with Gate at back side is constructed.
……………………….
……………………..
……………………..
The said house with boundary wall & shop is registered in the
name of Afroz Athar at the Municipal Corporation and she has
been paying the applicable house Tax on the same and nobody had
interfered in her possession. In the meanwhile, Afroz Athar
was in dire need of money and proposed to sell the said Land
and house to the applicant. The Applicant purchased the said
House No. 239/B with the house and courtyard by way of Sale
Deed and as a precautinary measure also got the signatures of
the erstwhile owner Virendra Kumar Abrol on the Sale Deed so
that no dispute remains in the future. In the meantime, one
other person Rajan Kumar son of Late Ramswaroop 77 Geeta
Vatika, Shahpur Gorakhpur currently residing at Ragav Nagar
Deoria on the basis of a false Power of Attorney of Bela Rani
executed a Sale Deed to Randheer Singh son of Late Shiv Shanker
House No. 11C Divya Nagar Colony P.S Khorabar, Gorakhpur by
connivance whereas Bela Rani had no right to sell the Afroz
Athar’s House intact with Boundary wall. On the basis of the
same False Sale Deed Randheer Singh and Rajan Kumar in
association with the witnesses of the said sale deed Vishal
Sharma son of Ram Chandra & Sunil Kumar son of Sh. Rajdev, who
are Criminal natured persons, are attempting to trespass the
house by breaking open the Lock and today night have also got
written their name in my absence. When in the morning the
applicant got the knowledge of the same he went to the police
station to lodge First Information Report but due to their
influence our report could not be lodged and for which the
applicant is making this application before you. The above
stated Randheer Singh and Rajan Kumar have done this to obtain
6
their benefit & have created a False document and by intention
to cause loss to us & to forcibly grab my house and therefore
for this reason it is necessary in the interest of justice to
registered a case against them. Hence it is prayed that the
case be registered ………….”
</para>
<para>
13. As pointed out by Mr. Sanjeev Agarwal, learned counsel
appearing on behalf of Respondent No.2, the FIR was challenged in
the High Court of Judicature at Allahabad under Article 226 of the
Constitution of India. The said writ petition was disposed of by
order dated 5th October, 2017 with the following order:
“It is contended that the dispute in respect of the
property as to whether the petitioners have any right
therein on the basis of conveyance deed executed by
power of attorney holder or the first informant has the
right is purely civil in nature and does not give rise
to any criminal liability.
Learned AGA and Sri Sudhanshu Pandey, appearing for
complainant-respondent no. 3 opposed the petition.
We have gone through the allegations contained in the
impugned F.I.R., which, prima-facie, discloses
commission of cognizable offence, as such, we are not
inclined to interfere in the F.I.R.
However, in view of the facts and the allegations made
in the FIR, writ petition stands finally disposed of
with the direction that the petitioners shall not be
arrested in the aforesaid case crime number till
submission of police report under Section 173(2)
Cr.P.C. before the Court concerned, subject to their
cooperation in the investigation, which will go on and
shall be brought to a logical end.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
14. Mr. Agarwal, submitted that the order dated 5th October, 2017
of the High Court disposing of the Writ Petition (Criminal
Miscellaneous) No.20919 of 2017 had not been challenged by the
Appellants and had, thus, assumed finality. It was not open to
the Appellant to reopen the same issues by filing an application
under Section 482 of the Cr.P.C.
7
15. The scope of interference by the High Court under Section 482
of the Cr.P.C. is wide as recorded by the High Court by the
judgment and order impugned. The High Court itself has said that
though inherent power under Section 482 of the Cr.P.C. is very
wide, it has to be exercised in exceptional cases.
16. There can be no doubt that the jurisdiction under Section 482
is not exercised for the asking, it is exercised with care in
exceptional cases. The scope of interference with an FIR is much
more restricted and ordinarily the Court does not interfere under
Article 226 of the Constitution of India, when there is an
alternative remedy available to the applicant. Furthermore, from
the tenor of the order of the High Court rejecting the writ
petition, it is patently clear that one of the reasons why the
High Court did not intervene at that stage was that the Police
report had also not been submitted. The Police report has since
been submitted and the charge sheet has been filed. It is true
that about 12-13 witnesses have been named. However, the said
Bela Rani who executed the Power of Attorney has not even been
cited as a witness. Apparently, the said Bela Rani was not even
examined by the Investigating Authorities. | <para>
14. Mr. Agarwal, submitted that the order dated 5th October, 2017
of the High Court disposing of the Writ Petition (Criminal
Miscellaneous) No.20919 of 2017 had not been challenged by the
Appellants and had, thus, assumed finality. It was not open to
the Appellant to reopen the same issues by filing an application
under Section 482 of the Cr.P.C.
7
</para>
<para>
15. The scope of interference by the High Court under Section 482
of the Cr.P.C. is wide as recorded by the High Court by the
judgment and order impugned. The High Court itself has said that
though inherent power under Section 482 of the Cr.P.C. is very
wide, it has to be exercised in exceptional cases.
16. There can be no doubt that the jurisdiction under Section 482
is not exercised for the asking, it is exercised with care in
exceptional cases. The scope of interference with an FIR is much
more restricted and ordinarily the Court does not interfere under
Article 226 of the Constitution of India, when there is an
alternative remedy available to the applicant. Furthermore, from
the tenor of the order of the High Court rejecting the writ
petition, it is patently clear that one of the reasons why the
High Court did not intervene at that stage was that the Police
report had also not been submitted. The Police report has since
been submitted and the charge sheet has been filed. It is true
that about 12-13 witnesses have been named. However, the said
Bela Rani who executed the Power of Attorney has not even been
cited as a witness. Apparently, the said Bela Rani was not even
examined by the Investigating Authorities.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
17. In this appeal, we are not concerned with the underlying civil
disputes between the parties which are the subject matter of
diverse civil proceedings which are pending between the Appellant
and the private respondent in the concerned civil courts. All
those civil suits will obviously be decided on their own merits.
8
18. The only question is whether there is any criminal offence
disclosed in the FIR so far as the Appellant is concerned. When
the High Court passed its order dated 5th October, 2017, Rajan
Kumar (since deceased), the executant of the sale deed and the
Power of Attorney holder was also an applicant before the Court.
Today, there has been a change in situation, in that, criminal
proceedings against Rajan Kumar have abated since Rajan Kumar is
no longer alive. It is the case of the private respondent that the
private respondent purchased property. In the meantime, Rajan
Kumar, who is no longer alive, on the basis of a false Power of
Attorney of Bela Rani, executed a sale deed in favour of Randheer
Singh, i.e., the Appellant herein. There is only a vague averment
“by connivance”. The next part of the sentence reads “Bela Rani
had no right to sell the aforesaid plot.” | <para>
17. In this appeal, we are not concerned with the underlying civil
disputes between the parties which are the subject matter of
diverse civil proceedings which are pending between the Appellant
and the private respondent in the concerned civil courts. All
those civil suits will obviously be decided on their own merits.
8
</para>
<para>
18. The only question is whether there is any criminal offence
disclosed in the FIR so far as the Appellant is concerned. When
the High Court passed its order dated 5th October, 2017, Rajan
Kumar (since deceased), the executant of the sale deed and the
Power of Attorney holder was also an applicant before the Court.
Today, there has been a change in situation, in that, criminal
proceedings against Rajan Kumar have abated since Rajan Kumar is
no longer alive. It is the case of the private respondent that the
private respondent purchased property. In the meantime, Rajan
Kumar, who is no longer alive, on the basis of a false Power of
Attorney of Bela Rani, executed a sale deed in favour of Randheer
Singh, i.e., the Appellant herein. There is only a vague averment
“by connivance”. The next part of the sentence reads “Bela Rani
had no right to sell the aforesaid plot.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
19. As recorded in the judgment and order, the property in
question has even been mutated in the name of the Appellant. Of
course, mutation records are not a document of title. Whether
Bela Rani had title, whether she validly executed a power of
attorney, whether any right has accrued to the Appellant, are
matters for the civil court to adjudicate.
9
20. There is a further allegation that on the basis of the false
sale deed, the Appellant and Rajan Kumar (since deceased) in
association with the witnesses of the sale deed who are “criminal
natured persons” were attempting to trespass the house by breaking
open the lock and had got written their name in the absence of the
complainant. | <para>
19. As recorded in the judgment and order, the property in
question has even been mutated in the name of the Appellant. Of
course, mutation records are not a document of title. Whether
Bela Rani had title, whether she validly executed a power of
attorney, whether any right has accrued to the Appellant, are
matters for the civil court to adjudicate.
9
</para>
<para>
20. There is a further allegation that on the basis of the false
sale deed, the Appellant and Rajan Kumar (since deceased) in
association with the witnesses of the sale deed who are “criminal
natured persons” were attempting to trespass the house by breaking
open the lock and had got written their name in the absence of the
complainant.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
21. It is interesting that a charge sheet was filed, the relevant
part whereof is extracted hereinbelow for convenience :-
“16. Brief fact of the case :
The case was successful on the basis of the plaintiff.
Further, the investigation was transferred from police
station Shahpur to the Crime Branch.
The above investigation was done by me. So for during
the investigation the statements of the witness and
sec. 420, 467, 468, 471 of IPC has been registered
against the accused.
The accused is send to the court, punished the accused
by summing.”
22. The charge sheet is totally vague. There is not even a whisper
in the charge-sheet of what transpired from the investigation
against the Appellant herein. | <para>
21. It is interesting that a charge sheet was filed, the relevant
part whereof is extracted hereinbelow for convenience :-
“16. Brief fact of the case :
The case was successful on the basis of the plaintiff.
Further, the investigation was transferred from police
station Shahpur to the Crime Branch.
The above investigation was done by me. So for during
the investigation the statements of the witness and
sec. 420, 467, 468, 471 of IPC has been registered
against the accused.
The accused is send to the court, punished the accused
by summing.”
</para>
<para>
22. The charge sheet is totally vague. There is not even a whisper
in the charge-sheet of what transpired from the investigation
against the Appellant herein.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
23. Even though an FIR need not contain every detail, an offence
has to be made out in the FIR itself. It is the case of the
Private Respondents that Bela Rani has no title. Bela Rani
executed a false Power of Attorney in favour of Rajan Kumar (since
deceased). Alternatively, the Power of Attorney, in itself, was a
forged document.
10
24. A fraudulent, fabricated or forged deed could mean a deed
which was not actually executed, but a deed which had fraudulently
been manufactured by forging the signature of the ostensible
executants. It is one thing to say that Bela Rani fraudulently
executed a Power of Attorney authorising the sale of property
knowing that she had no title to convey the property. It is
another thing to say that the Power of Attorney itself was a
forged, fraudulent, fabricated or manufactured one, meaning
thereby that it had never been executed by Bela Rani. Her
signature had been forged. It is impossible to fathom how the
investigating authorities could even have been prima facie
satisfied that the deed had been forged or fabricated or was
fraudulent without even examining the apparent executant Bela
Rani, who has not even been cited as a witness. | <para>
23. Even though an FIR need not contain every detail, an offence
has to be made out in the FIR itself. It is the case of the
Private Respondents that Bela Rani has no title. Bela Rani
executed a false Power of Attorney in favour of Rajan Kumar (since
deceased). Alternatively, the Power of Attorney, in itself, was a
forged document.
10
</para>
<para>
24. A fraudulent, fabricated or forged deed could mean a deed
which was not actually executed, but a deed which had fraudulently
been manufactured by forging the signature of the ostensible
executants. It is one thing to say that Bela Rani fraudulently
executed a Power of Attorney authorising the sale of property
knowing that she had no title to convey the property. It is
another thing to say that the Power of Attorney itself was a
forged, fraudulent, fabricated or manufactured one, meaning
thereby that it had never been executed by Bela Rani. Her
signature had been forged. It is impossible to fathom how the
investigating authorities could even have been prima facie
satisfied that the deed had been forged or fabricated or was
fraudulent without even examining the apparent executant Bela
Rani, who has not even been cited as a witness.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
25. Ms. Deepika Kalia, learned counsel appearing on behalf of the
State, competently argued the matter and vehemently tried to
persuade this Court not to intervene. She even sought time to
produce further documents. However, the charge-sheet speaks for
itself and there could be no question of improvement of the
charge-sheet read with the FIR, either by adducing documents or by
filing affidavit or by making oral submissions.
26. Mr. Chandra Prakash, learned counsel appearing on behalf of
the Appellant cited certain judgments of this Court in <cite>Mohd.
Ibrahim & Others
v.
State of Bihar [(2009) 8 SCC 751]</cite>; <cite>Paramjeet
Batra
v.
State of Uttarakhand [(2013) 11 SCC 673]</cite>; <cite>Uma Shankar
Gopalika
v. State of Bihar & Anr. [(2005) 10 SCC 336]</cite>; <cite>Vesa
11
Holdings Private Limited & Anr.
v.
State of Kerala & Ors. [(2015)
8 SCC 293]</cite>; <cite>Robert John D’Souza & Ors.
v.
Stephen V. Gomes & Anr.
[(2015 (9) SCC 96]</cite>; and <cite>Kapil Agarwal & Ors.
v.
Sanjay Sharma &
Ors. [(2021) 5 SCC 524]</cite>. | <para>
25. Ms. Deepika Kalia, learned counsel appearing on behalf of the
State, competently argued the matter and vehemently tried to
persuade this Court not to intervene. She even sought time to
produce further documents. However, the charge-sheet speaks for
itself and there could be no question of improvement of the
charge-sheet read with the FIR, either by adducing documents or by
filing affidavit or by making oral submissions.
</para>
<para>
26. Mr. Chandra Prakash, learned counsel appearing on behalf of
the Appellant cited certain judgments of this Court in <cite>Mohd.
Ibrahim & Others
v.
State of Bihar [(2009) 8 SCC 751]</cite>; <cite>Paramjeet
Batra
v.
State of Uttarakhand [(2013) 11 SCC 673]</cite>; <cite>Uma Shankar
Gopalika
v. State of Bihar & Anr. [(2005) 10 SCC 336]</cite>; <cite>Vesa
11
Holdings Private Limited & Anr.
v.
State of Kerala & Ors. [(2015)
8 SCC 293]</cite>; <cite>Robert John D’Souza & Ors.
v.
Stephen V. Gomes & Anr.
[(2015 (9) SCC 96]</cite>; and <cite>Kapil Agarwal & Ors.
v.
Sanjay Sharma &
Ors. [(2021) 5 SCC 524]</cite>.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
27. In <cite>Mohd. Ibrahim (supra)</cite>, this Court held as under :-
“19.
To constitute an offence under Section 420, there should
not only be cheating, but as a consequence of such cheating, the
accused should have dishonestly induced the person deceived
to deliver any property to any person, or
(i)
(ii) to make, alter or destroy wholly or in part a
valuable security (or anything signed or sealed and
which is capable of being converted into a valuable
security).
When a sale deed is executed conveying a property
20.
claiming ownership thereto, it may be possible for the purchaser
under such sale deed to allege that the vendor has cheated him
by making a false representation of ownership and fraudulently
induced him to part with the sale consideration. But in this
case the complaint is not by the purchaser. On the other hand,
the purchaser is made a co-accused. | <para>
27. In <cite>Mohd. Ibrahim (supra)</cite>, this Court held as under :-
“19.
To constitute an offence under Section 420, there should
not only be cheating, but as a consequence of such cheating, the
accused should have dishonestly induced the person deceived
to deliver any property to any person, or
(i)
(ii) to make, alter or destroy wholly or in part a
valuable security (or anything signed or sealed and
which is capable of being converted into a valuable
security).
</para>
<para>
When a sale deed is executed conveying a property
20.
claiming ownership thereto, it may be possible for the purchaser
under such sale deed to allege that the vendor has cheated him
by making a false representation of ownership and fraudulently
induced him to part with the sale consideration. But in this
case the complaint is not by the purchaser. On the other hand,
the purchaser is made a co-accused.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
It is not the case of the complainant that any of the
21.
accused tried to deceive him either by making a false or
misleading representation or by any other action or omission,
nor is it his case that they offered him any fraudulent or
dishonest inducement to deliver any property or to consent to
the retention thereof by any person or to intentionally induce
him to do or omit to do anything which he would not do or omit
if he were not so deceived. Nor did the complainant allege that
the first appellant pretended to be the complainant while
executing the sale deeds. Therefore, it cannot be said that the
first accused by the act of executing sale deeds in favour of
the second accused or the second accused by reason of being the
purchaser, or the third, fourth and fifth accused, by reason of
being the witness, scribe and stamp vendor in regard to the sale
deeds, deceived the complainant in any manner.
As the ingredients of cheating as stated in Section 415
22.
are not found, it cannot be said that there was an offence
punishable under Sections 417, 418, 419 or 420 of the Code.
A clarification
12 | <para>
It is not the case of the complainant that any of the
21.
accused tried to deceive him either by making a false or
misleading representation or by any other action or omission,
nor is it his case that they offered him any fraudulent or
dishonest inducement to deliver any property or to consent to
the retention thereof by any person or to intentionally induce
him to do or omit to do anything which he would not do or omit
if he were not so deceived. Nor did the complainant allege that
the first appellant pretended to be the complainant while
executing the sale deeds. Therefore, it cannot be said that the
first accused by the act of executing sale deeds in favour of
the second accused or the second accused by reason of being the
purchaser, or the third, fourth and fifth accused, by reason of
being the witness, scribe and stamp vendor in regard to the sale
deeds, deceived the complainant in any manner.
</para>
<para>
As the ingredients of cheating as stated in Section 415
22.
are not found, it cannot be said that there was an offence
punishable under Sections 417, 418, 419 or 420 of the Code.
A clarification
12
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
23.
When we say that execution of a sale deed by a person,
purporting to convey a property which is not his, as his
property, is not making a false document and therefore not
forgery, we should not be understood as holding that such an act
can never be a criminal offence. If a person sells a property
knowing that it does not belong to him, and thereby defrauds the
person who purchased the property, the person defrauded, that
is, the purchaser, may complain that the vendor committed the
fraudulent act of cheating. But a third party who is not the
purchaser under the deed may not be able to make such complaint.
24.
The term “fraud” is not defined in the Code. The
dictionary definition of “fraud” is “deliberate deception,
treachery or cheating intended to gain advantage”. Section 17 of
the Contract Act, 1872 defines “fraud” with reference to a party
to a contract. | <para>
23.
When we say that execution of a sale deed by a person,
purporting to convey a property which is not his, as his
property, is not making a false document and therefore not
forgery, we should not be understood as holding that such an act
can never be a criminal offence. If a person sells a property
knowing that it does not belong to him, and thereby defrauds the
person who purchased the property, the person defrauded, that
is, the purchaser, may complain that the vendor committed the
fraudulent act of cheating. But a third party who is not the
purchaser under the deed may not be able to make such complaint.
</para>
<para>
24.
The term “fraud” is not defined in the Code. The
dictionary definition of “fraud” is “deliberate deception,
treachery or cheating intended to gain advantage”. Section 17 of
the Contract Act, 1872 defines “fraud” with reference to a party
to a contract.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
27.
“dishonestly” which is defined in Section 24 as follows:
The term “fraudulently” is mostly used with the term
“24. ‘Dishonestly’.—Whoever does anything with the intention of
causing wrongful gain to one person or wrongful loss to another
person is said to do that thing ‘dishonestly’.”
28
[Ed.: Para 28 corrected vide Official Corrigendum No.
F.3/Ed.B.J./149/2009 dated 6-10-2009.] . To “defraud” or do
something fraudulently is not by itself made an offence under
the Penal Code, but various acts when done fraudulently (or
fraudulently and dishonestly) are made offences. These include:
(i)
Fraudulent removal or concealment of property
(Sections 206, 421 and 424).
(ii) Fraudulent claim to property to prevent seizure
(Section 207).
(iii) Fraudulent suffering or obtaining a decree
(Sections 208 and 210).
(iv) Fraudulent possession/delivery of counterfeit
coin (Sections 239, 240, 242 and 243).
(v)
Fraudulent alteration/diminishing weight of coin
(Sections 246 to 253).
(vi) Fraudulent acts relating to stamps (Sections 255
to 261).
(vii) Fraudulent
false
instrument/weight/measure (Sections 264 to 266).
of
use
(viii) Cheating (Sections 415 to 420).
(ix) Fraudulent prevention of debt being available to
creditors (Section 422).
13
(x)
Fraudulent execution of deed of transfer
containing false statement of consideration
(Section 423).
(xi) Forgery making or executing a false document
(Sections 463 to 471 and 474).
(xii) Fraudulent cancellation/destruction of valuable
security, etc. (Section 477).
(xiii) Fraudulently going through marriage ceremony
(Section 496). | <para>
27.
“dishonestly” which is defined in Section 24 as follows:
The term “fraudulently” is mostly used with the term
“24. ‘Dishonestly’.—Whoever does anything with the intention of
causing wrongful gain to one person or wrongful loss to another
person is said to do that thing ‘dishonestly’.”
</para>
<para>
28
[Ed.: Para 28 corrected vide Official Corrigendum No.
F.3/Ed.B.J./149/2009 dated 6-10-2009.] . To “defraud” or do
something fraudulently is not by itself made an offence under
the Penal Code, but various acts when done fraudulently (or
fraudulently and dishonestly) are made offences. These include:
(i)
Fraudulent removal or concealment of property
(Sections 206, 421 and 424).
(ii) Fraudulent claim to property to prevent seizure
(Section 207).
(iii) Fraudulent suffering or obtaining a decree
(Sections 208 and 210).
(iv) Fraudulent possession/delivery of counterfeit
coin (Sections 239, 240, 242 and 243).
(v)
Fraudulent alteration/diminishing weight of coin
(Sections 246 to 253).
(vi) Fraudulent acts relating to stamps (Sections 255
to 261).
(vii) Fraudulent
false
instrument/weight/measure (Sections 264 to 266).
of
use
(viii) Cheating (Sections 415 to 420).
(ix) Fraudulent prevention of debt being available to
creditors (Section 422).
13
(x)
Fraudulent execution of deed of transfer
containing false statement of consideration
(Section 423).
(xi) Forgery making or executing a false document
(Sections 463 to 471 and 474).
(xii) Fraudulent cancellation/destruction of valuable
security, etc. (Section 477).
(xiii) Fraudulently going through marriage ceremony
(Section 496).
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
It follows therefore that by merely alleging or showing that a
person acted fraudulently, it cannot be assumed that he
committed an offence punishable under the Code or any other law,
unless that fraudulent act is specified to be an offence under
the Code or other law.
Section 504 of the Penal Code
29.
The allegations in the complaint do not also
make out the ingredients of an offence under Section
504 of the Penal Code. Section 504
refers to intentional insult with intent to provoke breach of
peace.
The allegation of the complainant is that when he enquired with
Accused 1 and 2 about the sale deeds, they asserted that they
will obtain possession of land under the sale deeds and he can
do whatever he wants. The statement attributed to Appellants 1
and 2, it cannot be said to amount to an “insult with intent to
provoke breach of peace”. The statement attributed to the
accused, even if it was true, was merely a statement referring
to the consequence of execution of the sale deeds by the first
appellant in favour of the second appellant. | <para>
It follows therefore that by merely alleging or showing that a
person acted fraudulently, it cannot be assumed that he
committed an offence punishable under the Code or any other law,
unless that fraudulent act is specified to be an offence under
the Code or other law.
</para>
<para>
Section 504 of the Penal Code
29.
The allegations in the complaint do not also
make out the ingredients of an offence under Section
504 of the Penal Code. Section 504
refers to intentional insult with intent to provoke breach of
peace.
The allegation of the complainant is that when he enquired with
Accused 1 and 2 about the sale deeds, they asserted that they
will obtain possession of land under the sale deeds and he can
do whatever he wants. The statement attributed to Appellants 1
and 2, it cannot be said to amount to an “insult with intent to
provoke breach of peace”. The statement attributed to the
accused, even if it was true, was merely a statement referring
to the consequence of execution of the sale deeds by the first
appellant in favour of the second appellant.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
Conclusion
30.
The averments in the complaint if assumed to be true, do
not make out any offence under Sections 420, 467, 471 and 504 of
the Code, but may technically show the ingredients of offences
of wrongful restraint under Section 341 and causing hurt under
Section 323 IPC.”
28. In <cite>Paramjeet Batra (supra)</cite>, this Court held that :-
“12. While exercising its jurisdiction under Section 482 of the
Code the High Court has to be cautious. This power is to be used
sparingly and only for the purpose of preventing abuse of the
process of any court or otherwise to secure ends of justice.
Whether a complaint discloses a criminal offence or not depends
14
upon the nature of facts alleged therein. Whether essential
ingredients of criminal offence are present or not has to be
judged by the High Court. A complaint disclosing civil
transactions may also have a criminal texture. But the High
Court must see whether a dispute which is essentially of a civil
nature is given a cloak of criminal offence. In such a
situation, if a civil remedy is available and is, in fact,
adopted as has happened in this case, the High Court should not
hesitate to quash the criminal proceedings to prevent abuse of
process of the court.” | <para>
Conclusion
30.
The averments in the complaint if assumed to be true, do
not make out any offence under Sections 420, 467, 471 and 504 of
the Code, but may technically show the ingredients of offences
of wrongful restraint under Section 341 and causing hurt under
Section 323 IPC.”
</para>
<para>
28. In <cite>Paramjeet Batra (supra)</cite>, this Court held that :-
“12. While exercising its jurisdiction under Section 482 of the
Code the High Court has to be cautious. This power is to be used
sparingly and only for the purpose of preventing abuse of the
process of any court or otherwise to secure ends of justice.
Whether a complaint discloses a criminal offence or not depends
14
upon the nature of facts alleged therein. Whether essential
ingredients of criminal offence are present or not has to be
judged by the High Court. A complaint disclosing civil
transactions may also have a criminal texture. But the High
Court must see whether a dispute which is essentially of a civil
nature is given a cloak of criminal offence. In such a
situation, if a civil remedy is available and is, in fact,
adopted as has happened in this case, the High Court should not
hesitate to quash the criminal proceedings to prevent abuse of
process of the court.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
29. In <cite>Uma Shankar Gopalika (supra)</cite>, this Court found that the
complaint, in that case, did not disclose any criminal offence at
all, much less any offence under Section 420 or Section 120B IPC.
The case was purely a civil dispute between the parties for which
remedy lay before the civil Court.
30. In <cite>Vesa Holdings Private Limited (supra)</cite>, this Court held :-
“13.
It is true that a given set of facts may make out a civil
wrong as also a criminal offence and only because a civil remedy
may be available to the complainant that itself cannot be a
ground to quash a criminal proceeding. The real test is whether
the allegations in the complaint disclose the criminal offence
of cheating or not. In the present case there is nothing to show
that at the very inception there was any intention on behalf of
the accused persons to cheat which is a condition precedent for
an offence under Section 420 IPC. In our view the complaint does
not disclose any criminal offence at all. The criminal
proceedings should not be encouraged when it is found to be mala
fide or otherwise an abuse of the process of the court. The
superior courts while exercising this power should also strive
to serve the ends of justice. In our opinion, in view of these
facts allowing the police investigation to continue would amount
to an abuse of the process of the court and the High Court
committed an error in refusing to exercise the power under
Section 482 of the Criminal Procedure Code to quash the
proceedings.” | <para>
29. In <cite>Uma Shankar Gopalika (supra)</cite>, this Court found that the
complaint, in that case, did not disclose any criminal offence at
all, much less any offence under Section 420 or Section 120B IPC.
The case was purely a civil dispute between the parties for which
remedy lay before the civil Court.
</para>
<para>
30. In <cite>Vesa Holdings Private Limited (supra)</cite>, this Court held :-
“13.
It is true that a given set of facts may make out a civil
wrong as also a criminal offence and only because a civil remedy
may be available to the complainant that itself cannot be a
ground to quash a criminal proceeding. The real test is whether
the allegations in the complaint disclose the criminal offence
of cheating or not. In the present case there is nothing to show
that at the very inception there was any intention on behalf of
the accused persons to cheat which is a condition precedent for
an offence under Section 420 IPC. In our view the complaint does
not disclose any criminal offence at all. The criminal
proceedings should not be encouraged when it is found to be mala
fide or otherwise an abuse of the process of the court. The
superior courts while exercising this power should also strive
to serve the ends of justice. In our opinion, in view of these
facts allowing the police investigation to continue would amount
to an abuse of the process of the court and the High Court
committed an error in refusing to exercise the power under
Section 482 of the Criminal Procedure Code to quash the
proceedings.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
31. In <cite>Robert John D’Souza (supra)</cite>, this Court held :
“12. As far as the offence of cheating is concerned, the same is
defined in Section 415 IPC, for which the punishment is provided
under Section 420 IPC. Section 415 reads as under:
15
“415.
Cheating.—Whoever, by deceiving any person,
fraudulently or dishonestly induces the person so
deceived to deliver any property to any person, or to
consent that any person shall retain any property, or
intentionally induces the person so deceived to do or
omit to do anything which he would not do or omit if he
were not so deceived, and which act or omission causes or
is likely to cause damage or harm to that person in body,
mind, reputation or property, is said to ‘cheat’.
Explanation.—A dishonest concealment of facts is a
deception within the meaning of this section.
Illustrations
***”
From the above language of the section, one of the
essential ingredients for the offence of cheating is
deception, but in the present case, from the contents of
the complaint it nowhere reflects that the complainant
was deceived or he or anyone else was induced to deliver
the property by deception. What was done, was so
reflected in the resolutions, and sale deeds.
13. In <cite>Madhavrao Jiwajirao Scindia v. Sambhajirao
Chandrojirao Angre [(1988) 1 SCC 692 : 1988 SCC (Cri) 234]</cite>
a three-Judge Bench of this Court has laid down the law as
to quashment of proceedings under Section 482 CrPC as
follows: (SCC p. 695, para 7)
“7. The legal position is well settled that when
a prosecution at the initial stage is asked to be
quashed, the test to be applied by the court is
as to whether the uncontroverted allegations as
made prima facie establish the offence. It is
also for the court to take into consideration any
special features which appear in a particular
case to consider whether it is expedient and in
the interest of justice to permit a prosecution
to continue. This is so on the basis that the
court cannot be utilised for any oblique purpose
and where in the opinion of the court chances of
an ultimate conviction are bleak and, therefore,
no useful purpose is likely to be served by
allowing a criminal prosecution to continue, the
court may while taking into consideration the
special facts of a case also quash the proceeding
even though it may be at a preliminary stage.” | <para>
31. In <cite>Robert John D’Souza (supra)</cite>, this Court held :
“12. As far as the offence of cheating is concerned, the same is
defined in Section 415 IPC, for which the punishment is provided
under Section 420 IPC. Section 415 reads as under:
15
“415.
Cheating.—Whoever, by deceiving any person,
fraudulently or dishonestly induces the person so
deceived to deliver any property to any person, or to
consent that any person shall retain any property, or
intentionally induces the person so deceived to do or
omit to do anything which he would not do or omit if he
were not so deceived, and which act or omission causes or
is likely to cause damage or harm to that person in body,
mind, reputation or property, is said to ‘cheat’.
Explanation.—A dishonest concealment of facts is a
deception within the meaning of this section.
Illustrations
***”
From the above language of the section, one of the
essential ingredients for the offence of cheating is
deception, but in the present case, from the contents of
the complaint it nowhere reflects that the complainant
was deceived or he or anyone else was induced to deliver
the property by deception. What was done, was so
reflected in the resolutions, and sale deeds.
</para>
<para>
13. In <cite>Madhavrao Jiwajirao Scindia v. Sambhajirao
Chandrojirao Angre [(1988) 1 SCC 692 : 1988 SCC (Cri) 234]</cite>
a three-Judge Bench of this Court has laid down the law as
to quashment of proceedings under Section 482 CrPC as
follows: (SCC p. 695, para 7)
“7. The legal position is well settled that when
a prosecution at the initial stage is asked to be
quashed, the test to be applied by the court is
as to whether the uncontroverted allegations as
made prima facie establish the offence. It is
also for the court to take into consideration any
special features which appear in a particular
case to consider whether it is expedient and in
the interest of justice to permit a prosecution
to continue. This is so on the basis that the
court cannot be utilised for any oblique purpose
and where in the opinion of the court chances of
an ultimate conviction are bleak and, therefore,
no useful purpose is likely to be served by
allowing a criminal prosecution to continue, the
court may while taking into consideration the
special facts of a case also quash the proceeding
even though it may be at a preliminary stage.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
15. In <cite>Inder Mohan Goswami v. State of Uttaranchal [(2007)
12 SCC 1 : (2008) 1 SCC (Cri) 259]</cite> , this Court in paras 25
and 46 has observed as under: (SCC pp. 10-11 & 16)
16
“25.
Reference to the following cases would
reveal that the courts have consistently taken the
view that they must use this extraordinary power to
prevent injustice and secure the ends of justice.
The English courts have also used inherent power to
achieve the same objective. It is generally agreed
that the Crown Court has inherent power to protect
its process from abuse. In Connelly v. Director of
Public Prosecutions [1964 AC 1254 : (1964) 2 WLR
1145 : (1964) 2 All ER 401 (HL)] Lord Devlin stated
that where particular criminal proceedings
constitute an abuse of process, the court is
empowered to refuse to allow the indictment to
proceed to trial. <cite>Lord Salmon in Director of
Public Prosecutions v. Humphrys [1977 AC 1 : (1976)
2 WLR 857 : (1976) 2 All ER 497 (HL)]</cite> stressed the
importance of the inherent power when he observed
that it is only if the prosecution amounts to an
abuse of the process of the court and is oppressive
and vexatious that the Judge has the power to
intervene. He further mentioned that the court's
power to prevent such abuse is of great
constitutional importance and should be jealously
preserved.
******
The court must ensure that criminal
46.
prosecution is not used as an instrument of
harassment or for seeking private vendetta or with
an ulterior motive to pressurise the accused. On
analysis of the aforementioned cases, we are of the
opinion that it is neither possible nor desirable
to lay down an inflexible rule that would govern
the exercise of inherent jurisdiction. Inherent
jurisdiction of the High Courts under Section 482
CrPC though wide has to be exercised sparingly,
carefully and with caution and only when it is
justified by the tests specifically laid down in
the statute itself and in the aforementioned cases.
In view of the settled legal position, the impugned
judgment cannot be sustained.” | <para>
15. In <cite>Inder Mohan Goswami v. State of Uttaranchal [(2007)
12 SCC 1 : (2008) 1 SCC (Cri) 259]</cite> , this Court in paras 25
and 46 has observed as under: (SCC pp. 10-11 & 16)
16
“25.
Reference to the following cases would
reveal that the courts have consistently taken the
view that they must use this extraordinary power to
prevent injustice and secure the ends of justice.
The English courts have also used inherent power to
achieve the same objective. It is generally agreed
that the Crown Court has inherent power to protect
its process from abuse. In Connelly v. Director of
Public Prosecutions [1964 AC 1254 : (1964) 2 WLR
1145 : (1964) 2 All ER 401 (HL)] Lord Devlin stated
that where particular criminal proceedings
constitute an abuse of process, the court is
empowered to refuse to allow the indictment to
proceed to trial. <cite>Lord Salmon in Director of
Public Prosecutions v. Humphrys [1977 AC 1 : (1976)
2 WLR 857 : (1976) 2 All ER 497 (HL)]</cite> stressed the
importance of the inherent power when he observed
that it is only if the prosecution amounts to an
abuse of the process of the court and is oppressive
and vexatious that the Judge has the power to
intervene. He further mentioned that the court's
power to prevent such abuse is of great
constitutional importance and should be jealously
preserved.
******
</para>
<para>
The court must ensure that criminal
46.
prosecution is not used as an instrument of
harassment or for seeking private vendetta or with
an ulterior motive to pressurise the accused. On
analysis of the aforementioned cases, we are of the
opinion that it is neither possible nor desirable
to lay down an inflexible rule that would govern
the exercise of inherent jurisdiction. Inherent
jurisdiction of the High Courts under Section 482
CrPC though wide has to be exercised sparingly,
carefully and with caution and only when it is
justified by the tests specifically laid down in
the statute itself and in the aforementioned cases.
In view of the settled legal position, the impugned
judgment cannot be sustained.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
16. In view of the above discussion and the facts and
circumstances of the case, we are of the view that none of
the offences for which the appellants are summoned, is made
out from the complaint and material on record. We further
find that it is nothing but abuse of process of law on the
part of the complainant to implicate the appellants in a
criminal case after a period of twelve years of execution
of registered sale deeds in question, who is neither party
to the sale deeds nor a member of the Society. Therefore,
we allow the appeal and set aside the orders passed by the
High Court and that of the courts below. Accordingly, the
order passed by the Magistrate summoning the appellants in
the criminal complaint filed by Respondent 1, in respect of
the offences punishable under Sections 406, 409 and 420
IPC, also stands quashed.”
17
32. In <cite>Kapil Agarwal (supra)</cite>, this Court observed that Section 482
is designed to achieve the purpose of ensuring that criminal
proceedings are not permitted to generate into weapons of
harassment. | <para>
16. In view of the above discussion and the facts and
circumstances of the case, we are of the view that none of
the offences for which the appellants are summoned, is made
out from the complaint and material on record. We further
find that it is nothing but abuse of process of law on the
part of the complainant to implicate the appellants in a
criminal case after a period of twelve years of execution
of registered sale deeds in question, who is neither party
to the sale deeds nor a member of the Society. Therefore,
we allow the appeal and set aside the orders passed by the
High Court and that of the courts below. Accordingly, the
order passed by the Magistrate summoning the appellants in
the criminal complaint filed by Respondent 1, in respect of
the offences punishable under Sections 406, 409 and 420
IPC, also stands quashed.”
17
</para>
<para>
32. In <cite>Kapil Agarwal (supra)</cite>, this Court observed that Section 482
is designed to achieve the purpose of ensuring that criminal
proceedings are not permitted to generate into weapons of
harassment.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
33. In this case, it appears that criminal proceedings are being
taken recourse to as a weapon of harassment against a purchaser.
It is reiterated at the cost of repetition that the FIR does not
disclose any offence so far as the Appellant is concerned. There
is no whisper of how and in what manner, this Appellant is
involved in any criminal offence and the charge sheet, the
relevant part whereof has been extracted above, is absolutely
vague. There can be no doubt that jurisdiction under Section 482
of the Cr.P.C. should be used sparingly for the purpose of
preventing abuse of the process of any court or otherwise to
secure the ends of justice. Whether a complaint discloses
criminal offence or not depends on the nature of the allegation
and whether the essential ingredients of a criminal offence are
present or not has to be judged by the High Court. There can be no
doubt that a complaint disclosing civil transactions may also have
18
a criminal texture. The High Court has, however, to see whether
the dispute of a civil nature has been given colour of criminal
offence. In such a situation, the High Court should not hesitate
to quash the criminal proceedings as held by this Court in
<cite>Paramjeet Batra (supra)</cite> extracted above.
34. The given set of facts may make out a civil wrong as also a
criminal offence. Only because a civil remedy is available may
not be a ground to quash criminal proceedings. But as observed
above, in this case, no criminal offence has been made out in the
FIR read with the Charge-Sheet so far as this Appellant is
concerned. The other accused Rajan Kumar has died. | <para>
33. In this case, it appears that criminal proceedings are being
taken recourse to as a weapon of harassment against a purchaser.
It is reiterated at the cost of repetition that the FIR does not
disclose any offence so far as the Appellant is concerned. There
is no whisper of how and in what manner, this Appellant is
involved in any criminal offence and the charge sheet, the
relevant part whereof has been extracted above, is absolutely
vague. There can be no doubt that jurisdiction under Section 482
of the Cr.P.C. should be used sparingly for the purpose of
preventing abuse of the process of any court or otherwise to
secure the ends of justice. Whether a complaint discloses
criminal offence or not depends on the nature of the allegation
and whether the essential ingredients of a criminal offence are
present or not has to be judged by the High Court. There can be no
doubt that a complaint disclosing civil transactions may also have
18
a criminal texture. The High Court has, however, to see whether
the dispute of a civil nature has been given colour of criminal
offence. In such a situation, the High Court should not hesitate
to quash the criminal proceedings as held by this Court in
<cite>Paramjeet Batra (supra)</cite> extracted above.
</para>
<para>
34. The given set of facts may make out a civil wrong as also a
criminal offence. Only because a civil remedy is available may
not be a ground to quash criminal proceedings. But as observed
above, in this case, no criminal offence has been made out in the
FIR read with the Charge-Sheet so far as this Appellant is
concerned. The other accused Rajan Kumar has died.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
35. The appeal is, thus, allowed. The impugned judgment and order
of the High Court is set aside and the proceedings in Crime Case
No.5973/2020 are quashed as against the Appellant.
CRIMINAL APPEAL NO. 933 OF 2021
36. Leave granted. | <para>
35. The appeal is, thus, allowed. The impugned judgment and order
of the High Court is set aside and the proceedings in Crime Case
No.5973/2020 are quashed as against the Appellant.
CRIMINAL APPEAL NO. 933 OF 2021
</para>
<para>
36. Leave granted.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
37. The issues involved in this appeal are identical to the issues
involved in Appeal No. 932 of 2021 disposed of earlier today. We
may add that in this case, the Appellants are only witnesses to
the sale deed and there is not a word anywhere in the FIR about
these witnesses except the vague averment that they acted in
collusion.
38. For the reasons discussed in Criminal Appeal No. 932 of 2021,
this appeal is also allowed and Crime Case No.5973 of 2020 is set
aside so far as these Appellants are concerned. | <para>
37. The issues involved in this appeal are identical to the issues
involved in Appeal No. 932 of 2021 disposed of earlier today. We
may add that in this case, the Appellants are only witnesses to
the sale deed and there is not a word anywhere in the FIR about
these witnesses except the vague averment that they acted in
collusion.
</para>
<para>
38. For the reasons discussed in Criminal Appeal No. 932 of 2021,
this appeal is also allowed and Crime Case No.5973 of 2020 is set
aside so far as these Appellants are concerned.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
1.
2.
The challenge in the present appeal is to an order passed by the
High Court of Uttarakhand at Nainital on 20.7.2020 whereby the
petition filed by the appellant under Section 482 of the Code of
Criminal Procedure, 19731 for quashing the charge-sheet as well as
the summoning order dated 25.6.2020 was dismissed.
The FIR No. 173 in question was lodged by the respondent No. 2 on
11.12.2019 at 23:24 hours in respect of an incident alleged to have
occurred on 10.12.2019 at 10:00 hours against the appellants and
others. The FIR was lodged for the offences under Sections 452,
1
For short, the ‘Code’
1
504, 506 IPC and Section 3(1)(x) and 3(1)(e) of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
19892. The said FIR, when translated, reads as under:
“Respected SHO with respect of registering of FIR, the
complainant is presently resident of Gram New Bajeti
Patti Chandak Tehsil & District Pithoragarh. I am
constructing my house on my Khet No. 6195, 6196 &
6199 but Banshilal, Pyarelal S/o Late Har Lal, Hitesh
Verma S/o Sh. Pyarelal, Pawan Verma S/o Banshilal, Uma
Verma w/o Pyarelal and their Nepali Domestic help Raju
from past 6 months are not allowing the applicant to
work on her fields. All the above persons used to abuse
the applicant her husband and other family members
and use to give death threats and use Caste coloured
abuses. On 10.12.2019 at around 10 am, all these
persons entered illegally in to four walls of her building
and started hurling abuses on myself and my labourers
and gave death threats and used castes’
remarks/abuses and took away the construction
material such as Cement, Iron, Rod, Bricks. The
Applicant is a Scheduled Caste and all of the above
person uses castes’ remarks/abuses (used bad
language) and said that you are persons of bad caste
and that we will not let you live in this mohalla/vicinity.
Respect Sir, the applicant and her family has threat to
her life from such persons. Thus, it is requested that an
FIR may be lodged against such persons and necessary
action may be taken against them…..”
3.
4.
Pursuant to the FIR filed by Respondent No. 2, Police filed a report
disclosing offences under Sections 504, 506 IPC and Section 3(1)(x)
of the Act, cognizance for the same was taken by the Trial Court on
25.6.2020. It is the said order which was challenged along with the
charge-sheet before the High Court, which was unsuccessful.
On the other hand, on the basis of the statement of Mr. Pawan
Verma, an FIR No. 174 at about 23:47 hours was lodged on
2
For short, “the Act”.
2 | <para>
1.
2.
The challenge in the present appeal is to an order passed by the
High Court of Uttarakhand at Nainital on 20.7.2020 whereby the
petition filed by the appellant under Section 482 of the Code of
Criminal Procedure, 19731 for quashing the charge-sheet as well as
the summoning order dated 25.6.2020 was dismissed.
The FIR No. 173 in question was lodged by the respondent No. 2 on
11.12.2019 at 23:24 hours in respect of an incident alleged to have
occurred on 10.12.2019 at 10:00 hours against the appellants and
others. The FIR was lodged for the offences under Sections 452,
1
For short, the ‘Code’
1
504, 506 IPC and Section 3(1)(x) and 3(1)(e) of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
19892. The said FIR, when translated, reads as under:
“Respected SHO with respect of registering of FIR, the
complainant is presently resident of Gram New Bajeti
Patti Chandak Tehsil & District Pithoragarh. I am
constructing my house on my Khet No. 6195, 6196 &
6199 but Banshilal, Pyarelal S/o Late Har Lal, Hitesh
Verma S/o Sh. Pyarelal, Pawan Verma S/o Banshilal, Uma
Verma w/o Pyarelal and their Nepali Domestic help Raju
from past 6 months are not allowing the applicant to
work on her fields. All the above persons used to abuse
the applicant her husband and other family members
and use to give death threats and use Caste coloured
abuses. On 10.12.2019 at around 10 am, all these
persons entered illegally in to four walls of her building
and started hurling abuses on myself and my labourers
and gave death threats and used castes’
remarks/abuses and took away the construction
material such as Cement, Iron, Rod, Bricks. The
Applicant is a Scheduled Caste and all of the above
person uses castes’ remarks/abuses (used bad
language) and said that you are persons of bad caste
and that we will not let you live in this mohalla/vicinity.
Respect Sir, the applicant and her family has threat to
her life from such persons. Thus, it is requested that an
FIR may be lodged against such persons and necessary
action may be taken against them…..”
</para>
<para>
3.
4.
Pursuant to the FIR filed by Respondent No. 2, Police filed a report
disclosing offences under Sections 504, 506 IPC and Section 3(1)(x)
of the Act, cognizance for the same was taken by the Trial Court on
25.6.2020. It is the said order which was challenged along with the
charge-sheet before the High Court, which was unsuccessful.
On the other hand, on the basis of the statement of Mr. Pawan
Verma, an FIR No. 174 at about 23:47 hours was lodged on
2
For short, “the Act”.
2
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
5.
11.12.2019 in respect of an occurrence which had taken place
allegedly at 9:45 hours on 11.12.2019. A charge-sheet in the said
matter has been submitted against respondent No. 2 and others.
Thereafter, the learned Chief Judicial Magistrate, Pithoragarh had
taken cognizance for the offences under Sections 323 and 354 IPC
against respondent No. 2 and others on 2.7.2020.
The Appellant invoked the jurisdiction of the High Court by way of a
petition under Section 482 of the Code to challenge the charge-
sheet and the order taking cognizance. The Appellant relied upon
<cite>Gerige Pentaiah v. State of Andhra Pradesh & Ors.3</cite> wherein
the allegation was of abusing the complainant in the name of their
caste and this Court quashed the complaint. The attention of the
High Court was drawn to another judgment reported as <cite>Ashabai
Machindra Adhagale v. State of Maharashtra & Ors.4</cite> wherein
this Court refused to quash the FIR on the ground that the caste of
the accused was not mentioned in the first information report. The
High Court found that both the abovementioned cases dealt with
the same issue with regard to applicability of the provisions of the
Act. It was observed by the High Court that the appellant had
categorically admitted that the informant belonged to Scheduled
Caste and that she and her labourers were abused. Therefore, the
provisions of the Act were found to be applicable and accordingly,
after investigation, charge-sheet has been submitted. The High
Court dismissed the petition with the aforesaid findings.
3
4
(2008) 12 SCC 531
(2009) 3 SCC 789
3
6.
7.
8.
The learned counsel for the appellant argued that the disputes
relating to the property are pending before the Civil Court and that,
the present FIR has been filed on patently false grounds by
respondent No. 2 only to harass the appellant and to abuse the
process of law. It is argued that the allegations levelled in the FIR
and the subsequent report submitted by the Police after
investigations does not disclose any offence under the Act.
Furthermore, it is argued that the report neither discloses the caste
of the informant nor the allegations are that they were made in
public view. Also, the offending words are not purported to be made
for the reason that the informant is a person belonging to
Scheduled Caste. | <para>
5.
11.12.2019 in respect of an occurrence which had taken place
allegedly at 9:45 hours on 11.12.2019. A charge-sheet in the said
matter has been submitted against respondent No. 2 and others.
Thereafter, the learned Chief Judicial Magistrate, Pithoragarh had
taken cognizance for the offences under Sections 323 and 354 IPC
against respondent No. 2 and others on 2.7.2020.
The Appellant invoked the jurisdiction of the High Court by way of a
petition under Section 482 of the Code to challenge the charge-
sheet and the order taking cognizance. The Appellant relied upon
<cite>Gerige Pentaiah v. State of Andhra Pradesh & Ors.3</cite> wherein
the allegation was of abusing the complainant in the name of their
caste and this Court quashed the complaint. The attention of the
High Court was drawn to another judgment reported as <cite>Ashabai
Machindra Adhagale v. State of Maharashtra & Ors.4</cite> wherein
this Court refused to quash the FIR on the ground that the caste of
the accused was not mentioned in the first information report. The
High Court found that both the abovementioned cases dealt with
the same issue with regard to applicability of the provisions of the
Act. It was observed by the High Court that the appellant had
categorically admitted that the informant belonged to Scheduled
Caste and that she and her labourers were abused. Therefore, the
provisions of the Act were found to be applicable and accordingly,
after investigation, charge-sheet has been submitted. The High
Court dismissed the petition with the aforesaid findings.
3
4
(2008) 12 SCC 531
(2009) 3 SCC 789
3
6.
7.
8.
</para>
<para>
The learned counsel for the appellant argued that the disputes
relating to the property are pending before the Civil Court and that,
the present FIR has been filed on patently false grounds by
respondent No. 2 only to harass the appellant and to abuse the
process of law. It is argued that the allegations levelled in the FIR
and the subsequent report submitted by the Police after
investigations does not disclose any offence under the Act.
Furthermore, it is argued that the report neither discloses the caste
of the informant nor the allegations are that they were made in
public view. Also, the offending words are not purported to be made
for the reason that the informant is a person belonging to
Scheduled Caste.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
The learned counsel for the State on the contrary, submitted that
during investigations, certain persons have supported the version
of the informant. It is argued on behalf of respondent No. 2 that in
fact the appellant and his family are encroacher on the informant’s
land. Therefore, the appellant was rightly not granted any
indulgence by the High Court.
Against the backdrop of these facts, it is pertinent to refer to the
Statement of Objects and Reasons of enactment of the Act. It is
provided as under:
“Despite various measures to improve the socio-
economic conditions of the Scheduled Castes and the
Scheduled Tribes, they remain vulnerable. They are
denied number of civil rights. They are subjected to
4
indignities,
various offences,
humiliations and
harassment. They have, in several brutal incidents,
been deprived of their life and property. Serious crimes
are committed against them for various historical, social
and economic reasons. | <para>
The learned counsel for the State on the contrary, submitted that
during investigations, certain persons have supported the version
of the informant. It is argued on behalf of respondent No. 2 that in
fact the appellant and his family are encroacher on the informant’s
land. Therefore, the appellant was rightly not granted any
indulgence by the High Court.
</para>
<para>
Against the backdrop of these facts, it is pertinent to refer to the
Statement of Objects and Reasons of enactment of the Act. It is
provided as under:
“Despite various measures to improve the socio-
economic conditions of the Scheduled Castes and the
Scheduled Tribes, they remain vulnerable. They are
denied number of civil rights. They are subjected to
4
indignities,
various offences,
humiliations and
harassment. They have, in several brutal incidents,
been deprived of their life and property. Serious crimes
are committed against them for various historical, social
and economic reasons.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
2. Because of the awareness created amongst the
Scheduled Castes and the Scheduled Tribes through
spread of education, etc., they are trying to assert their
rights and this is not being taken very kindly by the
others. When they assert their rights and resist
practices of untouchability against them or demand
statutory minimum wages or refuse to do any bonded
and forced labour, the vested interests try to cow them
down and terrorise them. When the Scheduled Castes
and the Scheduled Tribes try to preserve their self-
respect or honour of their women, they become irritants
for the dominant and the mighty. Occupation and
cultivation of even the Government allotted land by the
Scheduled Castes and the Scheduled Tribes is resented
and more often these people become victims of attacks
by the vested interests. Of late, there has bene an
increase in the disturbing trend of commission of certain
atrocities like making the Scheduled Caste persons eat
inedible substances like human excreta and attacks on
and mass killings of helpless Scheduled Castes and the
Scheduled Tribes and rape of women belonging to the
Scheduled Castes and the Scheduled Tribes. Under the
circumstances, the existing laws like the Protection of
Civil Rights Act, 1955 and the normal provisions of the
Indian Penal Code have been found to be inadequate to
check these crimes. A special Legislation to check and
deter crimes against them committed by non-Scheduled
Castes and non-Scheduled Tribes has, therefore, become
necessary.”
9.
The long title of the Act is to prevent the commission of offences of
atrocities against the members of the Scheduled Castes and the
Scheduled Tribes, to provide for Special Courts and Exclusive
Special Courts for the trial of such offences and for the relief and
rehabilitation of the victims of such offences and for matters
connected therewith or incidental thereto.
5 | <para>
2. Because of the awareness created amongst the
Scheduled Castes and the Scheduled Tribes through
spread of education, etc., they are trying to assert their
rights and this is not being taken very kindly by the
others. When they assert their rights and resist
practices of untouchability against them or demand
statutory minimum wages or refuse to do any bonded
and forced labour, the vested interests try to cow them
down and terrorise them. When the Scheduled Castes
and the Scheduled Tribes try to preserve their self-
respect or honour of their women, they become irritants
for the dominant and the mighty. Occupation and
cultivation of even the Government allotted land by the
Scheduled Castes and the Scheduled Tribes is resented
and more often these people become victims of attacks
by the vested interests. Of late, there has bene an
increase in the disturbing trend of commission of certain
atrocities like making the Scheduled Caste persons eat
inedible substances like human excreta and attacks on
and mass killings of helpless Scheduled Castes and the
Scheduled Tribes and rape of women belonging to the
Scheduled Castes and the Scheduled Tribes. Under the
circumstances, the existing laws like the Protection of
Civil Rights Act, 1955 and the normal provisions of the
Indian Penal Code have been found to be inadequate to
check these crimes. A special Legislation to check and
deter crimes against them committed by non-Scheduled
Castes and non-Scheduled Tribes has, therefore, become
necessary.”
</para>
<para>
9.
The long title of the Act is to prevent the commission of offences of
atrocities against the members of the Scheduled Castes and the
Scheduled Tribes, to provide for Special Courts and Exclusive
Special Courts for the trial of such offences and for the relief and
rehabilitation of the victims of such offences and for matters
connected therewith or incidental thereto.
5
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
10.
The Act was enacted to improve the social economic conditions of
the vulnerable sections of the society as they have been subjected
to various offences such as indignities, humiliations and
harassment. They have been deprived of life and property as well.
The object of the Act is thus to punish the violators who inflict
indignities, humiliations and harassment and commit the offence
as defined under Section 3 of the Act. The Act is thus intended to
punish the acts of the upper caste against the vulnerable section of
the society for the reason that they belong to a particular
community.
11.
It may be stated that the charge-sheet filed is for an offence under
Section 3(1)(x) of the Act. The said section stands substituted by
Act No. 1 of 2016 w.e.f. 26.1.2016. The substituted corresponding
provision is Section 3(1)(r) which reads as under:
“3(1)(r) intentionally insults or intimidates with intent to
humiliate a member of a Scheduled Caste or a
Scheduled Tribe in any place within public view;”
12.
13.
The basic ingredients of the offence under Section 3(1)(r) of the Act
can be classified as “1) intentionally insults or intimidates with
intent to humiliate a member of a Scheduled Caste or a Scheduled
Tribe and 2) in any place within public view”.
The offence under Section 3(1)(r) of the Act would indicate the
ingredient of intentional insult and intimidation with an intent to
humiliate a member of a Scheduled Caste or a Scheduled Tribe.
6
All insults or intimidations to a person will not be an offence under
the Act unless such insult or intimidation is on account of victim
belonging to Scheduled Caste or Scheduled Tribe. The object of the
Act is to improve the socio-economic conditions of the Scheduled
Castes and the Scheduled Tribes as they are denied number of civil
rights. Thus, an offence under the Act would be made out when a
member of the vulnerable section of the Society is subjected to
indignities, humiliations and harassment. The assertion of title over
the land by either of the parties is not due to either the indignities,
humiliations or harassment. Every citizen has a right to avail their
remedies in accordance with law. Therefore, if the appellant or his
family members have invoked jurisdiction of the civil court, or that
respondent No.2 has invoked the jurisdiction of the civil court, then
the parties are availing their remedies in accordance with the
procedure established by law. Such action is not for the reason that
respondent No.2 is member of Scheduled Caste. | <para>
10.
The Act was enacted to improve the social economic conditions of
the vulnerable sections of the society as they have been subjected
to various offences such as indignities, humiliations and
harassment. They have been deprived of life and property as well.
The object of the Act is thus to punish the violators who inflict
indignities, humiliations and harassment and commit the offence
as defined under Section 3 of the Act. The Act is thus intended to
punish the acts of the upper caste against the vulnerable section of
the society for the reason that they belong to a particular
community.
</para>
<para>
11.
It may be stated that the charge-sheet filed is for an offence under
Section 3(1)(x) of the Act. The said section stands substituted by
Act No. 1 of 2016 w.e.f. 26.1.2016. The substituted corresponding
provision is Section 3(1)(r) which reads as under:
“3(1)(r) intentionally insults or intimidates with intent to
humiliate a member of a Scheduled Caste or a
Scheduled Tribe in any place within public view;”
12.
13.
The basic ingredients of the offence under Section 3(1)(r) of the Act
can be classified as “1) intentionally insults or intimidates with
intent to humiliate a member of a Scheduled Caste or a Scheduled
Tribe and 2) in any place within public view”.
The offence under Section 3(1)(r) of the Act would indicate the
ingredient of intentional insult and intimidation with an intent to
humiliate a member of a Scheduled Caste or a Scheduled Tribe.
6
All insults or intimidations to a person will not be an offence under
the Act unless such insult or intimidation is on account of victim
belonging to Scheduled Caste or Scheduled Tribe. The object of the
Act is to improve the socio-economic conditions of the Scheduled
Castes and the Scheduled Tribes as they are denied number of civil
rights. Thus, an offence under the Act would be made out when a
member of the vulnerable section of the Society is subjected to
indignities, humiliations and harassment. The assertion of title over
the land by either of the parties is not due to either the indignities,
humiliations or harassment. Every citizen has a right to avail their
remedies in accordance with law. Therefore, if the appellant or his
family members have invoked jurisdiction of the civil court, or that
respondent No.2 has invoked the jurisdiction of the civil court, then
the parties are availing their remedies in accordance with the
procedure established by law. Such action is not for the reason that
respondent No.2 is member of Scheduled Caste.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
14.
Another key ingredient of the provision is insult or intimidation in
“any place within public view”. What is to be regarded as “place in
public view” had come up for consideration before this Court in the
judgment reported as <cite>Swaran Singh & Ors. v. State</cite> through
Standing Counsel & Ors.5. The Court had drawn distinction
between the expression “public place” and “in any place within
public view”. It was held that if an offence is committed outside the
building e.g. in a lawn outside a house, and the lawn can be seen
5
(2008) 8 SCC 435
7
by someone from the road or lane outside the boundary wall, then
the lawn would certainly be a place within the public view. On the
contrary, if the remark is made inside a building, but some
members of the public are there (not merely relatives or friends)
then it would not be an offence since it is not in the public view.
The Court held as under:
“28. It has been alleged in the FIR that Vinod Nagar, the
first informant, was insulted by Appellants 2 and 3 (by
calling him a “chamar”) when he stood near the car
which was parked at the gate of the premises. In our
opinion, this was certainly a place within public view,
since the gate of a house is certainly a place within
public view. It could have been a different matter had
the alleged offence been committed inside a
building, and also was not in the public view. However, if
the offence is committed outside the building e.g. in a
lawn outside a house, and the lawn can be seen by
someone from the road or lane outside the boundary
wall, the lawn would certainly be a place within the
public view. Also, even if the remark is made inside a
building, but some members of the public are there (not
merely relatives or friends) then also it would be an
offence since it is in the public view. We must, therefore,
not confuse the expression “place within public view”
with the expression “public place”. A place can be a
private place but yet within the public view. On the
other hand, a public place would ordinarily mean a place
which is owned or leased by the Government or the
municipality (or other local body) or gaon sabha or an
instrumentality of the State, and not by private persons
or private bodies.”
15. As per the FIR, the allegations of abusing the informant were within
the four walls of her building. It is not the case of the informant
that there was any member of the public (not merely relatives or
friends) at the time of the incident in the house. Therefore, the
basic ingredient that the words were uttered “in any place within
8
public view” is not made out. In the list of witnesses appended to
the charge-sheet, certain witnesses are named but it could not be
said that those were the persons present within the four walls of
the building. The offence is alleged to have taken place within the
four walls of the building. Therefore, in view of the judgment of this
Court in Swaran Singh, it cannot be said to be a place within
public view as none was said to be present within the four walls of
the building as per the FIR and/or charge-sheet. | <para>
14.
Another key ingredient of the provision is insult or intimidation in
“any place within public view”. What is to be regarded as “place in
public view” had come up for consideration before this Court in the
judgment reported as <cite>Swaran Singh & Ors. v. State</cite> through
Standing Counsel & Ors.5. The Court had drawn distinction
between the expression “public place” and “in any place within
public view”. It was held that if an offence is committed outside the
building e.g. in a lawn outside a house, and the lawn can be seen
5
(2008) 8 SCC 435
7
by someone from the road or lane outside the boundary wall, then
the lawn would certainly be a place within the public view. On the
contrary, if the remark is made inside a building, but some
members of the public are there (not merely relatives or friends)
then it would not be an offence since it is not in the public view.
The Court held as under:
“28. It has been alleged in the FIR that Vinod Nagar, the
first informant, was insulted by Appellants 2 and 3 (by
calling him a “chamar”) when he stood near the car
which was parked at the gate of the premises. In our
opinion, this was certainly a place within public view,
since the gate of a house is certainly a place within
public view. It could have been a different matter had
the alleged offence been committed inside a
building, and also was not in the public view. However, if
the offence is committed outside the building e.g. in a
lawn outside a house, and the lawn can be seen by
someone from the road or lane outside the boundary
wall, the lawn would certainly be a place within the
public view. Also, even if the remark is made inside a
building, but some members of the public are there (not
merely relatives or friends) then also it would be an
offence since it is in the public view. We must, therefore,
not confuse the expression “place within public view”
with the expression “public place”. A place can be a
private place but yet within the public view. On the
other hand, a public place would ordinarily mean a place
which is owned or leased by the Government or the
municipality (or other local body) or gaon sabha or an
instrumentality of the State, and not by private persons
or private bodies.”
</para>
<para>
15. As per the FIR, the allegations of abusing the informant were within
the four walls of her building. It is not the case of the informant
that there was any member of the public (not merely relatives or
friends) at the time of the incident in the house. Therefore, the
basic ingredient that the words were uttered “in any place within
8
public view” is not made out. In the list of witnesses appended to
the charge-sheet, certain witnesses are named but it could not be
said that those were the persons present within the four walls of
the building. The offence is alleged to have taken place within the
four walls of the building. Therefore, in view of the judgment of this
Court in Swaran Singh, it cannot be said to be a place within
public view as none was said to be present within the four walls of
the building as per the FIR and/or charge-sheet.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
16. There is a dispute about the possession of the land which is the
subject matter of civil dispute between the parties as per
respondent No.2 herself. Due to dispute, appellant and others were
not permitting respondent No.2 to cultivate the land for the last six
months. Since the matter is regarding possession of property
pending before the Civil Court, any dispute arising on account of
possession of the said property would not disclose an offence under
the Act unless the victim is abused, intimated or harassed only for
the reason that she belongs to Scheduled Caste or Scheduled Tribe.
17.
In another judgment reported as <cite>Khuman Singh v. State of
Madhya Pradesh6</cite>, this Court held that in a case for applicability
of Section 3(2)(v) of the Act, the fact that the deceased belonged
to Scheduled Caste would not be enough to inflict enhanced
punishment. This Court held that there was nothing to suggest
that the offence was committed by the appellant only because the
deceased belonged to Scheduled Caste. The Court held as under:
6
2019 SCC OnLine SC 1104
9
“15. As held by the Supreme Court, the offence must be
such so as to attract the offence under Section 3(2)(v) of
the Act. The offence must have been committed against
the person on the ground that such person is a member
of Scheduled Caste and Scheduled Tribe. In the present
case, the fact that the deceased was belonging
to “Khangar”-Scheduled Caste is not disputed. There is
no evidence to show that the offence was committed
only on the ground that the victim was a member of the
Scheduled Caste and therefore, the conviction of the
appellant-accused under Section 3(2)(v) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act is not sustainable.” | <para>
16. There is a dispute about the possession of the land which is the
subject matter of civil dispute between the parties as per
respondent No.2 herself. Due to dispute, appellant and others were
not permitting respondent No.2 to cultivate the land for the last six
months. Since the matter is regarding possession of property
pending before the Civil Court, any dispute arising on account of
possession of the said property would not disclose an offence under
the Act unless the victim is abused, intimated or harassed only for
the reason that she belongs to Scheduled Caste or Scheduled Tribe.
</para>
<para>
17.
In another judgment reported as <cite>Khuman Singh v. State of
Madhya Pradesh6</cite>, this Court held that in a case for applicability
of Section 3(2)(v) of the Act, the fact that the deceased belonged
to Scheduled Caste would not be enough to inflict enhanced
punishment. This Court held that there was nothing to suggest
that the offence was committed by the appellant only because the
deceased belonged to Scheduled Caste. The Court held as under:
6
2019 SCC OnLine SC 1104
9
“15. As held by the Supreme Court, the offence must be
such so as to attract the offence under Section 3(2)(v) of
the Act. The offence must have been committed against
the person on the ground that such person is a member
of Scheduled Caste and Scheduled Tribe. In the present
case, the fact that the deceased was belonging
to “Khangar”-Scheduled Caste is not disputed. There is
no evidence to show that the offence was committed
only on the ground that the victim was a member of the
Scheduled Caste and therefore, the conviction of the
appellant-accused under Section 3(2)(v) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act is not sustainable.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
18. Therefore, offence under the Act is not established merely on the
fact that the informant is a member of Scheduled Caste unless
there is an intention to humiliate a member of Scheduled Caste or
Scheduled Tribe for the reason that the victim belongs to such
caste. In the present case, the parties are litigating over
possession of the land. The allegation of hurling of abuses is
against a person who claims title over the property. If such person
happens to be a Scheduled Caste, the offence under Section 3(1)(r)
of the Act is not made out.
19.
This Court in a judgment reported as <cite>Dr. Subhash Kashinath
Mahajan v. State of Maharashtra & Anr.7</cite> issued certain
directions in respect of investigations required to be conducted
under the Act. In a review filed by the Union against the said
judgment, this Court in a judgment reported as <cite>Union of India v.
State of Maharashtra & Ors.8</cite> reviewed the directions issued by
this Court and held that if there is a false and unsubstantiated FIR,
7
8
(2018) 6 SCC 454
(2020) 4 SCC 761
10
the proceedings under Section 482 of the Code can be invoked.
The Court held as under:
“52. There is no presumption that the members of the
Scheduled Castes and Scheduled Tribes may misuse the
provisions of law as a class and it is not resorted to by
the members of the upper castes or the members of the
elite class. For lodging a false report, it cannot be said
that the caste of a person is the cause. It is due to the
human failing and not due to the caste factor. Caste is
not attributable to such an act. On the other hand,
members of the Scheduled Castes and Scheduled Tribes
due to backwardness hardly muster the courage to
lodge even a first information report, much less, a false
one. In case it is found to be false/unsubstantiated, it
may be due to the faulty investigation or for other
various reasons including human failings irrespective of
caste factor. There may be certain cases which may be
false that can be a ground for interference by the Court,
but the law cannot be changed due to such misuse. In
such a situation, it can be taken care of in proceeding
under Section 482 CrPC.” | <para>
18. Therefore, offence under the Act is not established merely on the
fact that the informant is a member of Scheduled Caste unless
there is an intention to humiliate a member of Scheduled Caste or
Scheduled Tribe for the reason that the victim belongs to such
caste. In the present case, the parties are litigating over
possession of the land. The allegation of hurling of abuses is
against a person who claims title over the property. If such person
happens to be a Scheduled Caste, the offence under Section 3(1)(r)
of the Act is not made out.
</para>
<para>
19.
This Court in a judgment reported as <cite>Dr. Subhash Kashinath
Mahajan v. State of Maharashtra & Anr.7</cite> issued certain
directions in respect of investigations required to be conducted
under the Act. In a review filed by the Union against the said
judgment, this Court in a judgment reported as <cite>Union of India v.
State of Maharashtra & Ors.8</cite> reviewed the directions issued by
this Court and held that if there is a false and unsubstantiated FIR,
7
8
(2018) 6 SCC 454
(2020) 4 SCC 761
10
the proceedings under Section 482 of the Code can be invoked.
The Court held as under:
“52. There is no presumption that the members of the
Scheduled Castes and Scheduled Tribes may misuse the
provisions of law as a class and it is not resorted to by
the members of the upper castes or the members of the
elite class. For lodging a false report, it cannot be said
that the caste of a person is the cause. It is due to the
human failing and not due to the caste factor. Caste is
not attributable to such an act. On the other hand,
members of the Scheduled Castes and Scheduled Tribes
due to backwardness hardly muster the courage to
lodge even a first information report, much less, a false
one. In case it is found to be false/unsubstantiated, it
may be due to the faulty investigation or for other
various reasons including human failings irrespective of
caste factor. There may be certain cases which may be
false that can be a ground for interference by the Court,
but the law cannot be changed due to such misuse. In
such a situation, it can be taken care of in proceeding
under Section 482 CrPC.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
20.
Later, while examining the constitutionality of the provisions of the
Amending Act (Central Act No. 27 of 2018), this Court in a
judgment reported as <cite>Prathvi Raj Chauhan v. Union of India &
Ors.9</cite> held that proceedings can be quashed under Section 482 of
the Code. It was held as under:
“12. The Court can, in exceptional cases, exercise
power under Section 482 CrPC for quashing the cases to
prevent misuse of provisions on settled parameters, as
already observed while deciding the review petitions.
The legal position is clear, and no argument to the
contrary has been raised.”
21.
In Gerige Pentaiah, one of the arguments raised was non-
disclosure of the caste of the accused but the facts were almost
9
(2020) 4 SCC 727
11
similar as there was civil dispute between parties pending and the
allegation was that the accused has called abuses in the name of
the caste of the victim. The High Court herein has misread the
judgment of this Court in Ashabai Machindra Adhagale as it was
not a case about the caste of the victim but the fact that the
accused was belonging to upper caste was not mentioned in the
FIR. The High Court of Bombay had quashed the proceedings for
the reason that the caste of the accused was not mentioned in the
FIR, therefore, the offence under Section 3(1)(xi) of the Act is not
made out. In an appeal against the decision of the Bombay High
Court, this Court held that this will be the matter of investigation as
to whether the accused either belongs to or does not belong to
Scheduled Caste or Scheduled Tribe. Therefore, the High Court
erred in law to dismiss the quashing petition relying upon later
larger Bench judgment.
The appellant had sought quashing of the charge-sheet on the
ground that the allegation does not make out an offence under the
Act against the appellant merely because respondent No. 2 was a
Scheduled Caste since the property dispute was not on account of
the fact that respondent No. 2 was a Scheduled Caste. The
property disputes between a vulnerable section of the society and
a person of upper caste will not disclose any offence under the Act
unless, the allegations are on account of the victim being a
Scheduled Caste. Still further, the finding that the appellant was
aware of the caste of the informant is wholly inconsequential as the
12
22.
knowledge does not bar, any person to protect his rights by way of
a procedure established by law. | <para>
20.
Later, while examining the constitutionality of the provisions of the
Amending Act (Central Act No. 27 of 2018), this Court in a
judgment reported as <cite>Prathvi Raj Chauhan v. Union of India &
Ors.9</cite> held that proceedings can be quashed under Section 482 of
the Code. It was held as under:
“12. The Court can, in exceptional cases, exercise
power under Section 482 CrPC for quashing the cases to
prevent misuse of provisions on settled parameters, as
already observed while deciding the review petitions.
The legal position is clear, and no argument to the
contrary has been raised.”
</para>
<para>
21.
In Gerige Pentaiah, one of the arguments raised was non-
disclosure of the caste of the accused but the facts were almost
9
(2020) 4 SCC 727
11
similar as there was civil dispute between parties pending and the
allegation was that the accused has called abuses in the name of
the caste of the victim. The High Court herein has misread the
judgment of this Court in Ashabai Machindra Adhagale as it was
not a case about the caste of the victim but the fact that the
accused was belonging to upper caste was not mentioned in the
FIR. The High Court of Bombay had quashed the proceedings for
the reason that the caste of the accused was not mentioned in the
FIR, therefore, the offence under Section 3(1)(xi) of the Act is not
made out. In an appeal against the decision of the Bombay High
Court, this Court held that this will be the matter of investigation as
to whether the accused either belongs to or does not belong to
Scheduled Caste or Scheduled Tribe. Therefore, the High Court
erred in law to dismiss the quashing petition relying upon later
larger Bench judgment.
The appellant had sought quashing of the charge-sheet on the
ground that the allegation does not make out an offence under the
Act against the appellant merely because respondent No. 2 was a
Scheduled Caste since the property dispute was not on account of
the fact that respondent No. 2 was a Scheduled Caste. The
property disputes between a vulnerable section of the society and
a person of upper caste will not disclose any offence under the Act
unless, the allegations are on account of the victim being a
Scheduled Caste. Still further, the finding that the appellant was
aware of the caste of the informant is wholly inconsequential as the
12
22.
knowledge does not bar, any person to protect his rights by way of
a procedure established by law.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
23. This Court in a judgment reported as <cite>Ishwar Pratap Singh & Ors.
v. State of Uttar Pradesh & Anr.10</cite> held that there is no
prohibition under the law for quashing the charge-sheet in part. In
a petition filed under Section 482 of the Code, the High Court is
required to examine as to whether its intervention is required for
prevention of abuse of process of law or otherwise to secure the
ends of justice. The Court held as under:
“9. Having regard to the settled legal position on
external interference in investigation and the specific
facts of this case, we are of the view that the High Court
ought to have exercised its jurisdiction under Section
482 CrPC to secure the ends of justice. There is no
prohibition under law for quashing a charge-sheet in
part. A person may be accused of several offences
under different penal statutes, as in the instant case. He
could be aggrieved of prosecution only on a particular
charge or charges, on any ground available to him in
law. Under Section 482, all that the High Court is
required to examine is whether its intervention is
required for implementing orders under the Criminal
Procedure Code or for prevention of abuse of process, or
otherwise to secure the ends of justice. A charge-sheet
filed at the dictate of somebody other than the police
would amount to abuse of the process of law and hence
the High Court ought to have exercised its inherent
powers under Section 482 to the extent of the abuse.
There is no requirement that the charge-sheet has to be
quashed as a whole and not in part. Accordingly, this
appeal is allowed. The supplementary report filed by the
police, at the direction of the Commission, is quashed.”
24.
In view of the above facts, we find that the charges against the
appellant under Section 3(1)(r) of the Act are not made out.
Consequently, the charge-sheet to that extent is quashed. The
10 (2018) 13 SCC 612
13
appeal is disposed of in the above terms.
25.
The FIR in respect of other offences will be tried by the competent
Court in accordance with law along with the criminal case11, though
separately initiated, for the reason that it relates to interparty
dispute and is in respect of same subject matter of property,
despite of the fact that two different dates of the incident have
been provided by the parties. | <para>
23. This Court in a judgment reported as <cite>Ishwar Pratap Singh & Ors.
v. State of Uttar Pradesh & Anr.10</cite> held that there is no
prohibition under the law for quashing the charge-sheet in part. In
a petition filed under Section 482 of the Code, the High Court is
required to examine as to whether its intervention is required for
prevention of abuse of process of law or otherwise to secure the
ends of justice. The Court held as under:
“9. Having regard to the settled legal position on
external interference in investigation and the specific
facts of this case, we are of the view that the High Court
ought to have exercised its jurisdiction under Section
482 CrPC to secure the ends of justice. There is no
prohibition under law for quashing a charge-sheet in
part. A person may be accused of several offences
under different penal statutes, as in the instant case. He
could be aggrieved of prosecution only on a particular
charge or charges, on any ground available to him in
law. Under Section 482, all that the High Court is
required to examine is whether its intervention is
required for implementing orders under the Criminal
Procedure Code or for prevention of abuse of process, or
otherwise to secure the ends of justice. A charge-sheet
filed at the dictate of somebody other than the police
would amount to abuse of the process of law and hence
the High Court ought to have exercised its inherent
powers under Section 482 to the extent of the abuse.
There is no requirement that the charge-sheet has to be
quashed as a whole and not in part. Accordingly, this
appeal is allowed. The supplementary report filed by the
police, at the direction of the Commission, is quashed.”
</para>
<para>
24.
In view of the above facts, we find that the charges against the
appellant under Section 3(1)(r) of the Act are not made out.
Consequently, the charge-sheet to that extent is quashed. The
10 (2018) 13 SCC 612
13
appeal is disposed of in the above terms.
</para>
<para>
25.
The FIR in respect of other offences will be tried by the competent
Court in accordance with law along with the criminal case11, though
separately initiated, for the reason that it relates to interparty
dispute and is in respect of same subject matter of property,
despite of the fact that two different dates of the incident have
been provided by the parties.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
In the present appeals, the appellants have come to this
Court, being aggrieved by the judgment and order dated 6th
February 2023, passed by the Division Bench of the High
Court of Judicature at Patna vide which the judgment and
1
order 17th February 2020 passed by the learned Single Judge
of the High Court dismissing the writ petitions filed by the
respondents herein has been reversed.
3.
These appeals arise out of the peculiar facts and
circumstances. | <para>
In the present appeals, the appellants have come to this
Court, being aggrieved by the judgment and order dated 6th
February 2023, passed by the Division Bench of the High
Court of Judicature at Patna vide which the judgment and
1
order 17th February 2020 passed by the learned Single Judge
of the High Court dismissing the writ petitions filed by the
respondents herein has been reversed.
</para>
<para>
3.
These appeals arise out of the peculiar facts and
circumstances.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
4.
The parties are referred to herein as they are referred to
in the original writ petition being CWJC No. 22943 of 2018.
5.
The erstwhile Bihar Intermediate Education Council
(hereinafter referred to as the ‘Council’) had gone for
computerization and in pursuance thereof, the N.I.C.T.
Computering System Private Limited was engaged for
computerization work on contract basis. | <para>
4.
The parties are referred to herein as they are referred to
in the original writ petition being CWJC No. 22943 of 2018.
</para>
<para>
5.
The erstwhile Bihar Intermediate Education Council
(hereinafter referred to as the ‘Council’) had gone for
computerization and in pursuance thereof, the N.I.C.T.
Computering System Private Limited was engaged for
computerization work on contract basis.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
6.
The original writ petitioners were initially taken on
service by N.I.C.T. and sent to the said Council for
computerization work. They continued to work for the
Council as employees of the said N.I.C.T. from 1999 to 2005.
7.
Since the writ petitioners were working for a period of
almost six years, the Council requested the Government to
create different posts in the Computer Section of the Council.
Accordingly, 63 posts came to be sanctioned in different
grades. In the meanwhile, the contract between N.I.C.T. and
2
the Council came to be terminated in the year 2005.
However, the respondents, who were earlier employees of the
N.I.C.T. came to be appointed against the sanctioned posts
by the Chairman of the Council. | <para>
6.
The original writ petitioners were initially taken on
service by N.I.C.T. and sent to the said Council for
computerization work. They continued to work for the
Council as employees of the said N.I.C.T. from 1999 to 2005.
</para>
<para>
7.
Since the writ petitioners were working for a period of
almost six years, the Council requested the Government to
create different posts in the Computer Section of the Council.
Accordingly, 63 posts came to be sanctioned in different
grades. In the meanwhile, the contract between N.I.C.T. and
2
the Council came to be terminated in the year 2005.
However, the respondents, who were earlier employees of the
N.I.C.T. came to be appointed against the sanctioned posts
by the Chairman of the Council.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
8.
Subsequently, the Government of Bihar decided to
amalgamate Bihar School Education Examination Board
along with the said Council. Accordingly, the Bihar
Intermediate Education Council (Repeal) Act, 2007
(hereinafter referred to as the “said Act”) was enacted. As per
the said Act, the Government of Bihar constituted a
Committee of three Secretaries to formulate the scheme for
regularization of the services of the employees, who were
working in the said Council.
9.
A scheme came to be framed for regularization under
the Government Resolution dated 12th July 2012. It appears
that, in terms of the said scheme, the services of the writ
petitioners came to be terminated on 18th August 2017.
Being aggrieved thereby, the writ petitioners filed the writ
petition being CWJC No.12242 of 2017 before the High
Court. The learned Single Judge, vide order dated 18th May
2018 partly allowed the writ petition and directed the State
3
Government to take a decision with regard to absorption of
the services of the writ petitioners. Vide order dated 9th
October 2018, the claim of the writ petitioners for
regularization in service came to be rejected by the Education
Department. Being aggrieved thereby, the CWJC No.22943
of 2018 was filed. The learned Single Judge, vide order dated
17th February 2020 dismissed the same. Being aggrieved
thereby, a Letters Patent Appeal being No. 180 of 2021 was
filed before the High Court by the original writ petitioners.
The same was allowed by the Division Bench of the High
Court. Hence, the present appeals. | <para>
8.
Subsequently, the Government of Bihar decided to
amalgamate Bihar School Education Examination Board
along with the said Council. Accordingly, the Bihar
Intermediate Education Council (Repeal) Act, 2007
(hereinafter referred to as the “said Act”) was enacted. As per
the said Act, the Government of Bihar constituted a
Committee of three Secretaries to formulate the scheme for
regularization of the services of the employees, who were
working in the said Council.
</para>
<para>
9.
A scheme came to be framed for regularization under
the Government Resolution dated 12th July 2012. It appears
that, in terms of the said scheme, the services of the writ
petitioners came to be terminated on 18th August 2017.
Being aggrieved thereby, the writ petitioners filed the writ
petition being CWJC No.12242 of 2017 before the High
Court. The learned Single Judge, vide order dated 18th May
2018 partly allowed the writ petition and directed the State
3
Government to take a decision with regard to absorption of
the services of the writ petitioners. Vide order dated 9th
October 2018, the claim of the writ petitioners for
regularization in service came to be rejected by the Education
Department. Being aggrieved thereby, the CWJC No.22943
of 2018 was filed. The learned Single Judge, vide order dated
17th February 2020 dismissed the same. Being aggrieved
thereby, a Letters Patent Appeal being No. 180 of 2021 was
filed before the High Court by the original writ petitioners.
The same was allowed by the Division Bench of the High
Court. Hence, the present appeals.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
10. We have heard Mr. Shyam Divan, learned Senior
Counsel appearing on behalf of the appellants and Shri
Dinesh Dwivedi, learned Senior Counsel appearing on behalf
of the respondents-employees (writ petitioners).
11. Shri Shyam Divan submits that the reasoning given by
the Division Bench of the High Court is totally perfunctory.
He submits that the learned Single Judge, by an elaborate
well-reasoned order, found that the writ petitioners were not
entitled for absorption. He further submits that as per the
scheme, four conditions were required to be fulfilled and the
4
writ petitioners did not comply with the said conditions.
Finding this, the learned Single Judge dismissed the writ
petition. He submits that the Division Bench, however, on a
ground that, the report of the Committee was signed by only
one member and not all the three members, has erroneously
reversed the well-reasoned order passed by the learned
Single Judge. He further submits that the personal affidavit
filed by the Additional Chief Secretary of the State
Government dated 6th December 2022 would reveal that the
report of the Committee was accepted by the Cabinet of the
State of Bihar and as such, the reasoning that, the report
was not signed by all the three officers, is totally without
substance. | <para>
10. We have heard Mr. Shyam Divan, learned Senior
Counsel appearing on behalf of the appellants and Shri
Dinesh Dwivedi, learned Senior Counsel appearing on behalf
of the respondents-employees (writ petitioners).
</para>
<para>
11. Shri Shyam Divan submits that the reasoning given by
the Division Bench of the High Court is totally perfunctory.
He submits that the learned Single Judge, by an elaborate
well-reasoned order, found that the writ petitioners were not
entitled for absorption. He further submits that as per the
scheme, four conditions were required to be fulfilled and the
4
writ petitioners did not comply with the said conditions.
Finding this, the learned Single Judge dismissed the writ
petition. He submits that the Division Bench, however, on a
ground that, the report of the Committee was signed by only
one member and not all the three members, has erroneously
reversed the well-reasoned order passed by the learned
Single Judge. He further submits that the personal affidavit
filed by the Additional Chief Secretary of the State
Government dated 6th December 2022 would reveal that the
report of the Committee was accepted by the Cabinet of the
State of Bihar and as such, the reasoning that, the report
was not signed by all the three officers, is totally without
substance.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
12. Shri Dinesh Dwivedi, on the contrary, submits that the
writ petitioners have been continuously working from 1999
till 2017. He submits that the writ petitioners have
continuously worked for a period of almost 18 years. He
submits that all the writ petitioners complied with all the
four conditions, as stipulated in the Scheme of 2012. He
further submits that the learned Single Judge, in the first
round of litigation, has also found that the writ petitioners
5
complied with all the four conditions.
13.
In the peculiar facts and circumstances, we are not
inclined to go into the legal issues. At the outset, we may say
that we are not satisfied with the manner in which the
Division Bench has dealt with the matter in the present
litigation. When the Division Bench was considering the
well-reasoned order passed by the learned Single Judge, the
least that was expected of it was to give reasonings as to why
it disagreed with the findings given by the learned Single
Judge. | <para>
12. Shri Dinesh Dwivedi, on the contrary, submits that the
writ petitioners have been continuously working from 1999
till 2017. He submits that the writ petitioners have
continuously worked for a period of almost 18 years. He
submits that all the writ petitioners complied with all the
four conditions, as stipulated in the Scheme of 2012. He
further submits that the learned Single Judge, in the first
round of litigation, has also found that the writ petitioners
5
complied with all the four conditions.
</para>
<para>
13.
In the peculiar facts and circumstances, we are not
inclined to go into the legal issues. At the outset, we may say
that we are not satisfied with the manner in which the
Division Bench has dealt with the matter in the present
litigation. When the Division Bench was considering the
well-reasoned order passed by the learned Single Judge, the
least that was expected of it was to give reasonings as to why
it disagreed with the findings given by the learned Single
Judge.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
14.
Insofar as the finding of the Division Bench that the
report was not signed by three members is concerned, it
ought to have taken into consideration that much water had
flown subsequently, inasmuch as the affidavit of the
Additional Chief Secretary dated 6th December 2022 would
have shown that the report of the Committee was accepted
by the State Government, which was fructified in the scheme
dated 12th July 2012, which was published in the gazette
notification. As such, the High Court, at the most could have
examined the correctness of the scheme as notified in the
gazette notification. It appears that the Division Bench
6
found an easy way to deal with the litigation.
15.
In any case, if the directions as issued by the Division
Bench are to be complied with, it will lead to more than one
complications. The Division Bench has granted liberty to the
State Government to again start the process and in the
meantime directed the writ petitioners to be taken back to
work. It has further directed honorary benefits to be
calculated and disbursed for the intervening period.
16. We are of the considered view that if the order, as
passed by the Division Bench, is permitted to continue, it will
give rise to third round of litigation and would not provide
any solace to the employees, who have been fighting for
justice from 2017. | <para>
14.
Insofar as the finding of the Division Bench that the
report was not signed by three members is concerned, it
ought to have taken into consideration that much water had
flown subsequently, inasmuch as the affidavit of the
Additional Chief Secretary dated 6th December 2022 would
have shown that the report of the Committee was accepted
by the State Government, which was fructified in the scheme
dated 12th July 2012, which was published in the gazette
notification. As such, the High Court, at the most could have
examined the correctness of the scheme as notified in the
gazette notification. It appears that the Division Bench
6
found an easy way to deal with the litigation.
</para>
<para>
15.
In any case, if the directions as issued by the Division
Bench are to be complied with, it will lead to more than one
complications. The Division Bench has granted liberty to the
State Government to again start the process and in the
meantime directed the writ petitioners to be taken back to
work. It has further directed honorary benefits to be
calculated and disbursed for the intervening period.
16. We are of the considered view that if the order, as
passed by the Division Bench, is permitted to continue, it will
give rise to third round of litigation and would not provide
any solace to the employees, who have been fighting for
justice from 2017.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
17. The facts as recorded hereinabove would clearly show
that the writ petitioners have been working since 1999
continuously in the said Council, may be initially from 1999
to 2005 they were working as employees of N.I.C.T. However,
undisputedly they were working for the Council.
18. Subsequently, on account of the posts being sanctioned
by the State for the Council and the contract between the
Council and N.I.C.T. being terminated, they were absorbed
7
on the posts so sanctioned by the State Government.
Undisputedly, the appointment was issued by the Chairman
of the said Council, who was the competent authority.
19. On account of subsequent fortuitous development i.e.
the merger of the Council with the Board, the petitioners
became surplus and a scheme was required to be evolved for
their absorption/regularization. Finally, a scheme was
finalized and notified in the Official Gazette on 12th July
2012.
20. Even after the scheme was notified in the year 2012, the
writ petitioners were permitted to continue to work till 2017
and only in the year 2017, their services came to be
terminated. | <para>
17. The facts as recorded hereinabove would clearly show
that the writ petitioners have been working since 1999
continuously in the said Council, may be initially from 1999
to 2005 they were working as employees of N.I.C.T. However,
undisputedly they were working for the Council.
18. Subsequently, on account of the posts being sanctioned
by the State for the Council and the contract between the
Council and N.I.C.T. being terminated, they were absorbed
7
on the posts so sanctioned by the State Government.
Undisputedly, the appointment was issued by the Chairman
of the said Council, who was the competent authority.
19. On account of subsequent fortuitous development i.e.
the merger of the Council with the Board, the petitioners
became surplus and a scheme was required to be evolved for
their absorption/regularization. Finally, a scheme was
finalized and notified in the Official Gazette on 12th July
2012.
</para>
<para>
20. Even after the scheme was notified in the year 2012, the
writ petitioners were permitted to continue to work till 2017
and only in the year 2017, their services came to be
terminated.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
21.
It could thus be seen that the writ petitioners have been
continuously working since 1999 i.e. much before the
judgment in the case of <cite>Secretary, State of Karnataka
and Ors. v. Uma Devi (3) and Others1</cite>, was delivered on 10th
April 2006.
22. Uprooting the writ petitioners at this stage of life would
have devastating effects on them as well as on their families.
1
(2006) 4 SCC 1
8 | <para>
21.
It could thus be seen that the writ petitioners have been
continuously working since 1999 i.e. much before the
judgment in the case of <cite>Secretary, State of Karnataka
and Ors. v. Uma Devi (3) and Others1</cite>, was delivered on 10th
April 2006.
</para>
<para>
22. Uprooting the writ petitioners at this stage of life would
have devastating effects on them as well as on their families.
1
(2006) 4 SCC 1
8
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
23.
In that view of the matter, we find that, in the present
case, taking into consideration the peculiar facts and
circumstances of the case and without this being treated as a
precedent in any manner, a relief needs to be moulded so as
to do complete justice.
24. We are, therefore, inclined to exercise our extraordinary
powers under Article 142 of the Constitution of India and
directed thus:
“The writ petitioners shall be absorbed on the
posts on which they are appointed in the year
2005. They would be permitted to rejoin with
effect from 1st May 2023. Though the writ
petitioners would be entitled to continuity in
service for all the purposes including retiral
benefits, they would not be entitled for any
backwages for the period during which they
were out of employment.”
25. The appeals are disposed of in the above terms. Pending
application(s), if any, shall stand disposed of.
9 | <para>
23.
In that view of the matter, we find that, in the present
case, taking into consideration the peculiar facts and
circumstances of the case and without this being treated as a
precedent in any manner, a relief needs to be moulded so as
to do complete justice.
</para>
<para>
24. We are, therefore, inclined to exercise our extraordinary
powers under Article 142 of the Constitution of India and
directed thus:
“The writ petitioners shall be absorbed on the
posts on which they are appointed in the year
2005. They would be permitted to rejoin with
effect from 1st May 2023. Though the writ
petitioners would be entitled to continuity in
service for all the purposes including retiral
benefits, they would not be entitled for any
backwages for the period during which they
were out of employment.”
</para>
<para>
25. The appeals are disposed of in the above terms. Pending
application(s), if any, shall stand disposed of.
9
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
There was delay of 2659 and 3017 days in preferring the special leave
petitions. Since there was no satisfactory explanation for delay, the petitions were
dismissed on the ground of limitation, which order is now subject matter of the
instant review petition.
We have gone through the grounds raised in the instant review petition and
do not find any error apparent on record to justify interference. This review petition
is, therefore, dismissed. | <para>
There was delay of 2659 and 3017 days in preferring the special leave
petitions. Since there was no satisfactory explanation for delay, the petitions were
dismissed on the ground of limitation, which order is now subject matter of the
instant review petition.
</para>
<para>
We have gone through the grounds raised in the instant review petition and
do not find any error apparent on record to justify interference. This review petition
is, therefore, dismissed.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
1
These proceedings have been initiated under Article 32 of the Constitution by a
purchaser, seeking directions in respect of a real estate project called “Sushant
Megapolis”, which is being developed by the fifth, sixth and seventh
respondents. The reliefs which have been sought, while invoking the jurisdiction
of this Court under Article 32, as noted above, are in the following terms:
“i.
ii.
…a writ in the nature of Mandamus directing the
Respondent No. 1 & 2 to cancel all the agreements with
respondent no.5,6 & 7 and to ensure that all the projects
in which money has been taken from the buyers their
money is refunded or the same is constructed and
handed over in a reasonable period of time;
…a writ in the nature of Mandamus appointing a court
receiver or form a committee headed by a retired judge
of this Hon'ble Court along with other suitable persons
from different fields to monitor / handle the projects of
Respondent 6 & 7 in which money has been taken from
the buyers;
Iii.
iv.
v.
vi.
2
…a writ of mandamus, or order or direction to conduct a
detailed forensic audit for all the projects launched by
respondent no. 5,6 & 7 in its project under the Flagship
of "SUSHANT MEGAPOLIS";
…a writ in the nature of mandamus or order or direction
to conduct investigation by the CBI-Central Bureau of
Investigation of the large scale fraud and cheating done
by the officers of respondent no. 1 together with officers
and directors of respondent no. 5,6 & 7 as the state
agency has completely failed in its duty to investigate
the matter;
…writ order or direction to direct all investigation
agencies such as Serious Fraud Investigation Office,
Enforcement Directorate and others to investigate the
money siphoned off by the respondent no. 5, 6 & 7.
…any other writ, order or direction in favour of the
Petitioner and such similarly placed persons, as this
Hon'ble court may deem fit and proper in the
circumstances of the case.”
2
3
1
The above extract would indicate that the primary relief which has been sought
is (i) cancellation of all the agreements; (ii) refund of moneys to purchasers; and
in the alternative (iii) ensuring that the construction is carried out and that the
premises are handed over within a reasonable period of time. Incidental to the
above reliefs, the petitioner seeks the constitution of a Committee headed by a
former Judge of this Court together with other persons to monitor and handle the
projects of the developer in the present case. The petitioner also seeks a
forensic audit, an investigation by CBI and by other authorities such as the
Serious Fraud Investigation Office and Enforcement Directorate. | <para>
1
These proceedings have been initiated under Article 32 of the Constitution by a
purchaser, seeking directions in respect of a real estate project called “Sushant
Megapolis”, which is being developed by the fifth, sixth and seventh
respondents. The reliefs which have been sought, while invoking the jurisdiction
of this Court under Article 32, as noted above, are in the following terms:
“i.
ii.
…a writ in the nature of Mandamus directing the
Respondent No. 1 & 2 to cancel all the agreements with
respondent no.5,6 & 7 and to ensure that all the projects
in which money has been taken from the buyers their
money is refunded or the same is constructed and
handed over in a reasonable period of time;
…a writ in the nature of Mandamus appointing a court
receiver or form a committee headed by a retired judge
of this Hon'ble Court along with other suitable persons
from different fields to monitor / handle the projects of
Respondent 6 & 7 in which money has been taken from
the buyers;
Iii.
iv.
v.
vi.
2
…a writ of mandamus, or order or direction to conduct a
detailed forensic audit for all the projects launched by
respondent no. 5,6 & 7 in its project under the Flagship
of "SUSHANT MEGAPOLIS";
…a writ in the nature of mandamus or order or direction
to conduct investigation by the CBI-Central Bureau of
Investigation of the large scale fraud and cheating done
by the officers of respondent no. 1 together with officers
and directors of respondent no. 5,6 & 7 as the state
agency has completely failed in its duty to investigate
the matter;
…writ order or direction to direct all investigation
agencies such as Serious Fraud Investigation Office,
Enforcement Directorate and others to investigate the
money siphoned off by the respondent no. 5, 6 & 7.
…any other writ, order or direction in favour of the
Petitioner and such similarly placed persons, as this
Hon'ble court may deem fit and proper in the
circumstances of the case.”
2
3
1
</para>
<para>
The above extract would indicate that the primary relief which has been sought
is (i) cancellation of all the agreements; (ii) refund of moneys to purchasers; and
in the alternative (iii) ensuring that the construction is carried out and that the
premises are handed over within a reasonable period of time. Incidental to the
above reliefs, the petitioner seeks the constitution of a Committee headed by a
former Judge of this Court together with other persons to monitor and handle the
projects of the developer in the present case. The petitioner also seeks a
forensic audit, an investigation by CBI and by other authorities such as the
Serious Fraud Investigation Office and Enforcement Directorate.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
Mr Manoj V George, learned counsel appearing on behalf of the petitioner,
submits that, in another project of the developer which is being implemented at
Lucknow, notice was issued on a petition under Article 32 of the Constitution
(<cite>Pawan Kumar Kushwaha and Ors. v Lucknow Development Authority
and Ors.1) on 20 November 2020 by a two-Judge Bench of this Court</cite> of which
one of us was a member. On the above grounds, it has been submitted that it
Writ Petition (Civil) No 1001 of 2020
3
would be appropriate for this Court to issue notice and tag the writ petition
under Article 32 with the earlier proceedings.
4
On 7 January 2021, a three-Judge Bench of this Court [of which one of us was a
member] has dealt with the maintainability of a petition under Article 32 in
similar circumstances. In <cite>Shelly Lal v Union of India 2</cite>, this Court declined to
entertain the petition. The order of the Court is extracted below:
“
ORDER
1 A proposed construction project at NOIDA which did not
take off from the drawing board has given rise to proceedings
under Article 32 of the Constitution by twenty five purchasers of
commercial premises.
Invoking the jurisdiction under Article 32, the petitioners
2
have sought, inter alia, the following directions:
(i)
A writ, order or direction to the respondents to protect
the interests and investments of customers/buyers in the larger
public interest;
(ii)
A writ, order or direction for the revival of the project
failing which the amounts invested by the petitioners be
returned with interest at the rate of 18% per annum; and
(iii)
A court-monitored probe. | <para>
Mr Manoj V George, learned counsel appearing on behalf of the petitioner,
submits that, in another project of the developer which is being implemented at
Lucknow, notice was issued on a petition under Article 32 of the Constitution
(<cite>Pawan Kumar Kushwaha and Ors. v Lucknow Development Authority
and Ors.1) on 20 November 2020 by a two-Judge Bench of this Court</cite> of which
one of us was a member. On the above grounds, it has been submitted that it
Writ Petition (Civil) No 1001 of 2020
3
would be appropriate for this Court to issue notice and tag the writ petition
under Article 32 with the earlier proceedings.
</para>
<para>
4
On 7 January 2021, a three-Judge Bench of this Court [of which one of us was a
member] has dealt with the maintainability of a petition under Article 32 in
similar circumstances. In <cite>Shelly Lal v Union of India 2</cite>, this Court declined to
entertain the petition. The order of the Court is extracted below:
“
ORDER
1 A proposed construction project at NOIDA which did not
take off from the drawing board has given rise to proceedings
under Article 32 of the Constitution by twenty five purchasers of
commercial premises.
Invoking the jurisdiction under Article 32, the petitioners
2
have sought, inter alia, the following directions:
(i)
A writ, order or direction to the respondents to protect
the interests and investments of customers/buyers in the larger
public interest;
(ii)
A writ, order or direction for the revival of the project
failing which the amounts invested by the petitioners be
returned with interest at the rate of 18% per annum; and
(iii)
A court-monitored probe.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
3
Having considered the cause which has been espoused
by the petitioners through their counsel, Mr Shikhil Suri, we are
of the view that the exercise of the jurisdiction under Article 32
of the Constitution would not be warranted in the facts of the
present case.
Essentially, the writ petition requires the Court to step
4
into the construction project and to ensure that it is duly
completed. This would be beyond the remit and competence of
the Court under Article 32. Managing a construction project is
not within the jurisdiction of the court. | <para>
3
Having considered the cause which has been espoused
by the petitioners through their counsel, Mr Shikhil Suri, we are
of the view that the exercise of the jurisdiction under Article 32
of the Constitution would not be warranted in the facts of the
present case.
</para>
<para>
Essentially, the writ petition requires the Court to step
4
into the construction project and to ensure that it is duly
completed. This would be beyond the remit and competence of
the Court under Article 32. Managing a construction project is
not within the jurisdiction of the court.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
5. Several provisions of law confer statutory rights on
purchasers of real estate and invest them with remedies
enforceable at law. These include the Consumer Protection Act
1986, the Real Estate (Regulation and Development) Act 2016
and the Insolvency and Bankruptcy Code 2016. Parliament has
2
Writ Petition (Civil) No 1390 of 2020
4
enacted a statutory regime to protect the rights of purchasers
of real estate and created fora which are entrusted with
decision making authority.
6. A decision of a public authority which is entrusted with a
public duty is amenable to judicial review. But it is quite another
hypothesis to postulate that the decision making authority
should be taken over by the court. The latter is impermissible.
It would be inappropriate for this Court to assume the
jurisdiction to supervise the due completion of a construction
project especially in facts such as those presented in the
present case. This will inevitably draw the court into the day to
day supervision of the project, including financing, permissions
and execution – something which lies beyond the ken of judicial
review and the competence of the court. The court must
confine itself to its core competencies which consist in the
adjudication of disputes amenable to the application of legal
standards. We, consequently, leave it open to the petitioners to
pursue the remedies available in law. | <para>
5. Several provisions of law confer statutory rights on
purchasers of real estate and invest them with remedies
enforceable at law. These include the Consumer Protection Act
1986, the Real Estate (Regulation and Development) Act 2016
and the Insolvency and Bankruptcy Code 2016. Parliament has
2
Writ Petition (Civil) No 1390 of 2020
4
enacted a statutory regime to protect the rights of purchasers
of real estate and created fora which are entrusted with
decision making authority.
</para>
<para>
6. A decision of a public authority which is entrusted with a
public duty is amenable to judicial review. But it is quite another
hypothesis to postulate that the decision making authority
should be taken over by the court. The latter is impermissible.
It would be inappropriate for this Court to assume the
jurisdiction to supervise the due completion of a construction
project especially in facts such as those presented in the
present case. This will inevitably draw the court into the day to
day supervision of the project, including financing, permissions
and execution – something which lies beyond the ken of judicial
review and the competence of the court. The court must
confine itself to its core competencies which consist in the
adjudication of disputes amenable to the application of legal
standards. We, consequently, leave it open to the petitioners to
pursue the remedies available in law.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
[sic 7]The writ petition is disposed of, subject to the
5
aforesaid liberty.
6
[sic 8] Pending application, if any, stands disposed of.”
5
A definitive view on whether it would be appropriate for the Court to entertain a
petition under Article 32 seeking prayers similar to those sought in the instant
case has been taken in the above terms. The above reasons would ex facie
apply to the facts of the present case. The reliefs which have been extracted
earlier would involve the Court in an adjudicative process in determining
whether (i) all the agreements should be cancelled; (ii) whether money which is
paid by the home buyers should be refunded; or in the alternative (iii) whether
judicial directions are necessary to ensure that the project is constructed and the
premises are handed over within a reasonable time. The writ petition under
Article 32 has been filed by a singular home buyer without seeking to represent
the entire class of home buyers. The petition proceeds on the implicit
assumption that the interest of all the buyers are identical. There is no basis to
make such an assumption. All buyers may not seek a cancellation and refund of
consideration. Apart from this aspect, the petitioner seeks other reliefs in aid of
the primary relief, including the constitution of a Committee presided over by a
5
former Judge of this Court for the purpose of handling the projects of the
developer where moneys have been taken from home buyers. | <para>
[sic 7]The writ petition is disposed of, subject to the
5
aforesaid liberty.
6
[sic 8] Pending application, if any, stands disposed of.”
5
</para>
<para>
A definitive view on whether it would be appropriate for the Court to entertain a
petition under Article 32 seeking prayers similar to those sought in the instant
case has been taken in the above terms. The above reasons would ex facie
apply to the facts of the present case. The reliefs which have been extracted
earlier would involve the Court in an adjudicative process in determining
whether (i) all the agreements should be cancelled; (ii) whether money which is
paid by the home buyers should be refunded; or in the alternative (iii) whether
judicial directions are necessary to ensure that the project is constructed and the
premises are handed over within a reasonable time. The writ petition under
Article 32 has been filed by a singular home buyer without seeking to represent
the entire class of home buyers. The petition proceeds on the implicit
assumption that the interest of all the buyers are identical. There is no basis to
make such an assumption. All buyers may not seek a cancellation and refund of
consideration. Apart from this aspect, the petitioner seeks other reliefs in aid of
the primary relief, including the constitution of a Committee presided over by a
5
former Judge of this Court for the purpose of handling the projects of the
developer where moneys have been taken from home buyers.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
Following the earlier view which has been taken on 7 January 2021, we are of the
considered opinion that it would be inappropriate to entertain a petition under
Article 32 for more than one reason. There are specific statutory provisions
holding the field, including among them:
(i)
(ii)
The Consumer Protection Act 19863 and its successor legislation;
The Real Estate (Regulation and Development) Act 20164; and
(iii)
The Insolvency and Bankruptcy Code 20165.
Each of these statutory enactments has been made by Parliament with a specific
purpose in view. The 1986 Act as well as the subsequent legislation contain
provisions for representative consumer complaints. One or more home buyers
can consequently seek relief to represent a common grievance for a whole class
of purchasers of real estate. The RERA similarly contains specific provisions and
remedies for dealing with the grievance of purchasers of real estate. The
provisions of the IBC have specifically taken note of the difficulties which are
faced by home buyers by providing for remedies within the fold of the statute. | <para>
Following the earlier view which has been taken on 7 January 2021, we are of the
considered opinion that it would be inappropriate to entertain a petition under
Article 32 for more than one reason. There are specific statutory provisions
holding the field, including among them:
(i)
(ii)
The Consumer Protection Act 19863 and its successor legislation;
The Real Estate (Regulation and Development) Act 20164; and
(iii)
The Insolvency and Bankruptcy Code 20165.
</para>
<para>
Each of these statutory enactments has been made by Parliament with a specific
purpose in view. The 1986 Act as well as the subsequent legislation contain
provisions for representative consumer complaints. One or more home buyers
can consequently seek relief to represent a common grievance for a whole class
of purchasers of real estate. The RERA similarly contains specific provisions and
remedies for dealing with the grievance of purchasers of real estate. The
provisions of the IBC have specifically taken note of the difficulties which are
faced by home buyers by providing for remedies within the fold of the statute.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
Entertaining a petition of this nature will involve the Court in virtually carrying
out a day to day supervision of a building project. Appointing a Committee
presided over by a former Judge of this Court would not resolve the problem
because the Court will have nonetheless to supervise the Committee for the
reliefs sought in the petition under Article 32. Insofar as the remedies of a
“1986 Act”
“RERA”
“IBC”
6
7
8
3
4
5
6
criminal investigation are concerned, there is reason for this Court not to
entertain a petition directly under Article 32 in the present set of facts.
Adequate remedies are available in terms of the Code of Criminal Procedure
1973. The statutory procedures which are enunciated have to be invoked.
Adequate provisions have been made in the statute to deal with the filing of a
complaint and for investigation in accordance with law. Judicial intervention is
provided at appropriate stages by competent courts in that regard. In <cite>Devendra
Dwivedi v. Union of India and Ors.6, a three-Judge Bench</cite> of this Court [of
which one of us was a member] held that, determining “whether recourse to the
jurisdiction under Article 32 be entertained in a particular case is a matter for
the calibrated exercise of judicial discretion.” It was further held that this remedy
cannot be used as a ruse to flood this Court with petitions that must be filed
before the competent authorities set up pursuant to the appropriate statutory
framework. In view of the statutory framework, both in terms of civil and
criminal law and procedure, we are of the view that entertaining a petition under
Article 32 would be inappropriate. The Court has no reason to doubt the
genuineness of the grievance which has been espoused by the petitioner.
However, the issue is whether his recourse to Article 32 is the correct remedy
when alternative modalities are available and particularly since the engagement
of the Court in a petition of this nature would involve a supervision which does
not lie within the province of judicial review. Real estate projects across the
country may be facing difficulties. The intervention of the Court cannot be
confined to one or a few selected projects. Judicial time is a precious resource
which needs to be zealously guarded. We have to always be mindful of the
opportunity cost involved in exercising our discretion to admit a petition and to
intervene, in terms of diversion of time and resources away from other matters
where our intervention would be more apposite and necessary. In certain cases
6
Writ Petition (Criminal) 272 of 2020
in the past, this court has intervened on behalf of home buyers. These include :
7
(i)
(ii)
Projects of <cite>Amrapali Group (Bikram Chatterji v Union of India7)</cite>; and
Unitech matter (<cite>Bhupinder Singh v Unitech Ltd8</cite>).
Nothing contained in the present judgment will affect those proceedings or
similar cases which have been monitored. In the present case, there is no reason
to assume that the petitioner represents a class, apart from the other reasons
set out earlier for declining intervention. Hence, on a considered view and for
the reasons we have indicated above, we decline to entertain the petition under
Article 32. However, in terms of the order dated 7 January 2021, we clarify that
this will not come in the way of the petitioner espousing the remedies which are
available to him under the relevant statutory provisions.
9
Subject to the aforesaid clarification, the petition shall stand disposed of.
The petition is disposed of in terms of the signed reportable judgment.
Pending application, if any, stands disposed of. | <para>
Entertaining a petition of this nature will involve the Court in virtually carrying
out a day to day supervision of a building project. Appointing a Committee
presided over by a former Judge of this Court would not resolve the problem
because the Court will have nonetheless to supervise the Committee for the
reliefs sought in the petition under Article 32. Insofar as the remedies of a
“1986 Act”
“RERA”
“IBC”
6
7
8
3
4
5
6
criminal investigation are concerned, there is reason for this Court not to
entertain a petition directly under Article 32 in the present set of facts.
Adequate remedies are available in terms of the Code of Criminal Procedure
1973. The statutory procedures which are enunciated have to be invoked.
Adequate provisions have been made in the statute to deal with the filing of a
complaint and for investigation in accordance with law. Judicial intervention is
provided at appropriate stages by competent courts in that regard. In <cite>Devendra
Dwivedi v. Union of India and Ors.6, a three-Judge Bench</cite> of this Court [of
which one of us was a member] held that, determining “whether recourse to the
jurisdiction under Article 32 be entertained in a particular case is a matter for
the calibrated exercise of judicial discretion.” It was further held that this remedy
cannot be used as a ruse to flood this Court with petitions that must be filed
before the competent authorities set up pursuant to the appropriate statutory
framework. In view of the statutory framework, both in terms of civil and
criminal law and procedure, we are of the view that entertaining a petition under
Article 32 would be inappropriate. The Court has no reason to doubt the
genuineness of the grievance which has been espoused by the petitioner.
However, the issue is whether his recourse to Article 32 is the correct remedy
when alternative modalities are available and particularly since the engagement
of the Court in a petition of this nature would involve a supervision which does
not lie within the province of judicial review. Real estate projects across the
country may be facing difficulties. The intervention of the Court cannot be
confined to one or a few selected projects. Judicial time is a precious resource
which needs to be zealously guarded. We have to always be mindful of the
opportunity cost involved in exercising our discretion to admit a petition and to
intervene, in terms of diversion of time and resources away from other matters
where our intervention would be more apposite and necessary. In certain cases
6
Writ Petition (Criminal) 272 of 2020
in the past, this court has intervened on behalf of home buyers. These include :
7
(i)
(ii)
Projects of <cite>Amrapali Group (Bikram Chatterji v Union of India7)</cite>; and
Unitech matter (<cite>Bhupinder Singh v Unitech Ltd8</cite>).
</para>
<para>
Nothing contained in the present judgment will affect those proceedings or
similar cases which have been monitored. In the present case, there is no reason
to assume that the petitioner represents a class, apart from the other reasons
set out earlier for declining intervention. Hence, on a considered view and for
the reasons we have indicated above, we decline to entertain the petition under
Article 32. However, in terms of the order dated 7 January 2021, we clarify that
this will not come in the way of the petitioner espousing the remedies which are
available to him under the relevant statutory provisions.
9
Subject to the aforesaid clarification, the petition shall stand disposed of.
</para>
<para>
The petition is disposed of in terms of the signed reportable judgment.
Pending application, if any, stands disposed of.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
1 On 22 February 2023, the Council of Ministers of the Government of Punjab
recommended the summoning of the Budget Session of the Sixteenth Punjab
Vidhan Sabha on 3 March 2023 under Article 174(1) of the Constitution.
2 On 23 February 2023, the Governor of Punjab addressed a communication to the
Chief Minister of the State. The subject of the letter was:
WP(C) 302/2023
3
4
2
“Cabinet decision on summoning of the house of the legislature of
the State on 3rd March 2023.”
The letter of the Governor refers to a prior exchange of correspondence between
the Governor and the Chief Minister; the Governor having addressed an earlier
communication of 13 February 2023 to which the Chief Minister had responded
through a letter dated 14 February 2023 and a ’tweet’ of the same date.
In his communication of 13 February 2023 to the Chief Minister, the Governor
highlighted his concern on certain specific issues, namely:
(i)
The basis on which Principals were selected for being sent to Singapore for
training; and
(ii)
The appointment of the Chairman of the Punjab Information and
Communication Technology Corporation Limited.
The Governor noted that while the Chief Minister had
5
in his previous
correspondence underscored the mandate with which he has assumed the
office of Chief Minister, in terms of Article 167 of the Constitution, the Chief Minister
is bound to furnish full details and information sought by the Governor.
6
Besides the above two issues, the Governor sought a clarification on the following
matters:
“(a) About two lacs Scheduled Castes students were compelled
3
to discontinue their studies due to non disbursal of scholarship
by the Government. (letter No.Spl.Secy.Gov/2022/95 dated
21-07-2022).
To remove the illegally appointed Vice Chancellor of PAU
vide letter No.5/1/2021-PRB-PAU-2G/6904 dated 23-11-22.
Inspite of my detailed letter dated 14-12-2022 you chose to
ignore all misdeeds of Sh. Kuldeep Singh Chahal, IPS. You
have not only promoted him but also posted him as
Commissioner of Jalandhar and that too the orders being
issued just before 26th January, knowing very well that
Governor is to unfurl the national flag at Jalandhar. I had to
instruct the DGP that concerned officer should maintain
distance during ceremony. On this issue it seems that this
officer was your blue eyed boy and you chose to ignore facts
that were brought to your notice by this office.
(d) Vide letter dated 4-1-2023 I wrote about the presence of Sh.
Naval Aggarwal in meetings of senior officers, where sensitive
and confidential matters of security of the country are
discussed. I have not received any reply till date.
(e) My letters asking for details of advertisements where you were
asked for complete details, is also perhaps lying in cold
storage.”
WP(C) 302/2023
(b)
(c)
7
8
Responding to the above communication, the Chief Minister (@ Bhagwant Mann)
issued a tweet in the following terms:
“Hon’ble Governor Sir, your letter was received through the
media..all the subjects mentioned in the letter are all state
subjects...I and my government are accountable to 3 crore
Punjabis according to the Constitution and not to any Governor
appointed by the Central Government. Consider this as my reply.”
This was followed by another communication of the Chief Minister dated 14
February 2023, in which he stated thus:
WP(C) 302/2023
9
4
“DO No.CMO/CONFI-2023/132
Dated:14.02.2023
Honorable Governor Sahib,
I have received your letter No.Spl.Secy.Gov/2023/34 dated 13th
February, 2023.
All the subjects mentioned in your letter are the subjects of the state
government. In this regard, I would like to clarify that according to
the Indian Constitution, I and my government are answerable to 3
crore Punjabis.
You have asked me, on what basis the principals are selected for
training in Singapore. The people of Punjab want to ask, on what
basis are the Governors in different states elected by the Central
Government in the absence of any specific qualification in the
Indian Constitution?
Please increase the knowledge of Punjabis by telling this.”
In the backdrop of the aforesaid communication by the Chief Minister and his
tweet, the Governor while responding to the request of the Cabinet for
summoning the Budget Session of the Vidhan Sabha from 3 March 2023 stated
that:
“ Since your tweet and
letter, both are not only patently
unconstitutional but extremely derogatory also, therefore, I am
compelled to take legal advice on this issue. Only after getting
legal advice, I will take decision on your request”.
10
The inaction of the Governor in summoning the Assembly for the Budget Session
has led to the invocation of the jurisdiction of this Court under Article 32 of the
Constitution by the State of Punjab.
WP(C) 302/2023
5
11 | <para>
1 On 22 February 2023, the Council of Ministers of the Government of Punjab
recommended the summoning of the Budget Session of the Sixteenth Punjab
Vidhan Sabha on 3 March 2023 under Article 174(1) of the Constitution.
2 On 23 February 2023, the Governor of Punjab addressed a communication to the
Chief Minister of the State. The subject of the letter was:
WP(C) 302/2023
3
4
2
“Cabinet decision on summoning of the house of the legislature of
the State on 3rd March 2023.”
The letter of the Governor refers to a prior exchange of correspondence between
the Governor and the Chief Minister; the Governor having addressed an earlier
communication of 13 February 2023 to which the Chief Minister had responded
through a letter dated 14 February 2023 and a ’tweet’ of the same date.
In his communication of 13 February 2023 to the Chief Minister, the Governor
highlighted his concern on certain specific issues, namely:
(i)
The basis on which Principals were selected for being sent to Singapore for
training; and
(ii)
The appointment of the Chairman of the Punjab Information and
Communication Technology Corporation Limited.
The Governor noted that while the Chief Minister had
5
in his previous
correspondence underscored the mandate with which he has assumed the
office of Chief Minister, in terms of Article 167 of the Constitution, the Chief Minister
is bound to furnish full details and information sought by the Governor.
6
Besides the above two issues, the Governor sought a clarification on the following
matters:
“(a) About two lacs Scheduled Castes students were compelled
3
to discontinue their studies due to non disbursal of scholarship
by the Government. (letter No.Spl.Secy.Gov/2022/95 dated
21-07-2022).
To remove the illegally appointed Vice Chancellor of PAU
vide letter No.5/1/2021-PRB-PAU-2G/6904 dated 23-11-22.
Inspite of my detailed letter dated 14-12-2022 you chose to
ignore all misdeeds of Sh. Kuldeep Singh Chahal, IPS. You
have not only promoted him but also posted him as
Commissioner of Jalandhar and that too the orders being
issued just before 26th January, knowing very well that
Governor is to unfurl the national flag at Jalandhar. I had to
instruct the DGP that concerned officer should maintain
distance during ceremony. On this issue it seems that this
officer was your blue eyed boy and you chose to ignore facts
that were brought to your notice by this office.
(d) Vide letter dated 4-1-2023 I wrote about the presence of Sh.
Naval Aggarwal in meetings of senior officers, where sensitive
and confidential matters of security of the country are
discussed. I have not received any reply till date.
(e) My letters asking for details of advertisements where you were
asked for complete details, is also perhaps lying in cold
storage.”
WP(C) 302/2023
(b)
(c)
7
8
</para>
<para>
Responding to the above communication, the Chief Minister (@ Bhagwant Mann)
issued a tweet in the following terms:
“Hon’ble Governor Sir, your letter was received through the
media..all the subjects mentioned in the letter are all state
subjects...I and my government are accountable to 3 crore
Punjabis according to the Constitution and not to any Governor
appointed by the Central Government. Consider this as my reply.”
This was followed by another communication of the Chief Minister dated 14
February 2023, in which he stated thus:
WP(C) 302/2023
9
4
“DO No.CMO/CONFI-2023/132
Dated:14.02.2023
Honorable Governor Sahib,
I have received your letter No.Spl.Secy.Gov/2023/34 dated 13th
February, 2023.
All the subjects mentioned in your letter are the subjects of the state
government. In this regard, I would like to clarify that according to
the Indian Constitution, I and my government are answerable to 3
crore Punjabis.
You have asked me, on what basis the principals are selected for
training in Singapore. The people of Punjab want to ask, on what
basis are the Governors in different states elected by the Central
Government in the absence of any specific qualification in the
Indian Constitution?
Please increase the knowledge of Punjabis by telling this.”
In the backdrop of the aforesaid communication by the Chief Minister and his
tweet, the Governor while responding to the request of the Cabinet for
summoning the Budget Session of the Vidhan Sabha from 3 March 2023 stated
that:
“ Since your tweet and
letter, both are not only patently
unconstitutional but extremely derogatory also, therefore, I am
compelled to take legal advice on this issue. Only after getting
legal advice, I will take decision on your request”.
10
The inaction of the Governor in summoning the Assembly for the Budget Session
has led to the invocation of the jurisdiction of this Court under Article 32 of the
Constitution by the State of Punjab.
WP(C) 302/2023
5
11
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
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