Case Note & Summary
The applicants, four women who are close relatives of non-applicant No.3, challenged an order dated 4.1.2016 passed by the Judicial Magistrate First Class, Malegaon, directing the police to investigate cognizable offences under Sections 77, 81, 82, and 83 of the Maharashtra Prohibition Act alleged by non-applicant No.3 in an application under Section 156(3) CrPC. The applicants contended that the allegations pertained to violation of conditions of their liquor licence and were made with an oblique motive due to ongoing family disputes. The court, after hearing the parties, found that the application under Section 156(3) CrPC was filed not for genuine investigation but to harass the applicants. The court noted that the dispute was essentially a civil dispute between relatives and the criminal process was being abused. Consequently, the court allowed the criminal application, quashed the Magistrate's order dated 4.1.2016, and also set aside the judgment in Criminal Revision No.32/2014 that had upheld the Magistrate's order. The court directed that no further action be taken on the complaint.
Headnote
A) Criminal Procedure Code - Section 156(3) CrPC - Abuse of Process - The court examined whether a Magistrate's order directing police investigation under Section 156(3) CrPC was sustainable when the complaint was filed by a close relative with an oblique motive to harass the licensees in the backdrop of family disputes. Held that the order was not sustainable as the application was filed with a view to harass the applicants and not for genuine investigation (Paras 2-4).
Issue of Consideration
Whether the order passed by the Judicial Magistrate First Class under Section 156(3) CrPC directing investigation into allegations of violation of liquor licence conditions was legal and correct, given the background of disputes between close relatives and the possibility of oblique motive.
Final Decision
The court allowed the criminal application, quashed the order dated 4.1.2016 passed by the JMFC Malegaon, and set aside the judgment in Criminal Revision No.32/2014. No further action to be taken on the complaint.
Law Points
- Section 156(3) CrPC
- abuse of process of law
- oblique motive
- relatives' dispute
- liquor licence violation
Case Details
2022 LawText (BOM) (12) 146
Criminal Application (APL) No. 187/2016
Sunil B. Shukre, M. W. Chandwani
Mr. A. S. Deshpande (for applicants), Mr. S.M. Ghodeswar (APP for non-applicants 1 and 2), Mr. R.S. Kurekar (for non-applicant No.3), Mr. S.P. Bhandarkar (Amicus Curiae)
Sau. Ranjana W/o Prakash Jaiswal, Sau. Sharada W/o Ashok Jaiswal, Pratima D/o Shankarlal Jaiswal, Sau. Geeta Nandlal Jaiswal
State of Maharashtra (through Collector, Washim), State of Maharashtra (through Police Station Officer, Malegaon), Ramkishor S/o Shankarlal Jaiswal
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Nature of Litigation
Criminal application challenging the order of Judicial Magistrate First Class directing investigation under Section 156(3) CrPC and the judgment in Criminal Revision No.32/2014.
Remedy Sought
Quashing of the order dated 4.1.2016 passed by JMFC Malegaon directing investigation and the judgment in Criminal Revision No.32/2014.
Filing Reason
The applicants, who are close relatives of non-applicant No.3, alleged that non-applicant No.3 filed an application under Section 156(3) CrPC with oblique motive due to family disputes, making allegations of violation of liquor licence conditions under the Maharashtra Prohibition Act.
Previous Decisions
The JMFC Malegaon passed an order on 4.1.2016 directing police investigation. Non-applicant No.3 filed Criminal Revision No.32/2014 against an earlier order of the Magistrate directing verification of the application, which was decided in favor of non-applicant No.3.
Issues
Whether the order under Section 156(3) CrPC directing investigation was legal and correct.
Whether the application under Section 156(3) CrPC was filed with oblique motive and amounts to abuse of process of law.
Submissions/Arguments
Applicants argued that the allegations were made with oblique motive due to family disputes and the application was not for genuine investigation.
Non-applicant No.3 contended that the allegations disclosed cognizable offences and the Magistrate rightly ordered investigation.
Ratio Decidendi
An application under Section 156(3) CrPC filed with oblique motive to harass the accused in the backdrop of family disputes amounts to abuse of process of law and the Magistrate's order directing investigation based on such application is not sustainable.
Judgment Excerpts
This application questions the legality and correctness or otherwise of the order dated 4.1.2016 passed by the Court of Judicial Magistrate First Class, Malegaon, Dist. Washim thereby directing the concerned police station to investigate the cognizable offences disclosed by the application filed under Section 156(3) of the Code of Criminal Procedure.
The applicants contend that as an offshoot of those disputes and with some oblique motive, non-applicant No.3 filed an application under Section 156(3) of the Cr.P.C. making several allegations against the applicants contending that offences punishable under Sections 77, 81, 82 and 83 of the Maharashtra Prohibition Act were committed by the applicants.
Procedural History
Non-applicant No.3 filed an application under Section 156(3) CrPC before JMFC Malegaon. The Magistrate passed an order on 4.1.2016 directing police investigation. Non-applicant No.3 filed Criminal Revision No.32/2014 against an earlier order of the Magistrate directing verification of the application. The revision was decided in favor of non-applicant No.3. The applicants then filed the present criminal application challenging both the order dated 4.1.2016 and the revision judgment.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 156(3)
- Maharashtra Prohibition Act: 77, 81, 82, 83
