Case Note & Summary
The applicants, who are accused in Regular Complaint Criminal Case No.14/2004 pending before the Judicial Magistrate First Class, Kelapur, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the complaint and the order passed by the Additional Sessions Judge, Pandharkawada (Kelapur) in Criminal Revision No.40/2004. The applicants contended that the complaint was a counter-blast to a complaint they had filed against non-applicant no.2 and his wife, and thus constituted an abuse of process of law. The court, after hearing the parties, found merit in the applicants' submission and quashed the complaint and the revision order, holding that the proceedings were an abuse of the court's process.
Headnote
A) Criminal Procedure - Quashing of Complaint - Abuse of Process - Section 482 Code of Criminal Procedure, 1973 - The applicants sought quashing of a complaint filed against them, alleging it was a counter-blast to a complaint they had filed against the non-applicant. The court held that the complaint was an abuse of process of law and liable to be quashed. (Paras 2-3)
Issue of Consideration
Whether a criminal complaint filed as a counter-blast to an earlier complaint constitutes an abuse of process of law warranting quashing under Section 482 CrPC.
Final Decision
The court allowed the application and quashed Regular Complaint Criminal Case No.14/2004 and the order in Criminal Revision No.40/2004.
Law Points
- Quashing of criminal complaint under Section 482 CrPC
- Abuse of process of law
- Counter-blast complaint
Case Details
2017 LawText (BOM) (09) 170
Criminal Application (APPLN) No. 3720 of 2009
Shri F.T. Mirza for applicants, Shri Indranil Damle, A.P.P. for State/non-applicant no.1, Shri R.D. Bhuibhar for non-applicant no.2
Naresh Wamanrao Raut and others
State of Maharashtra and Ramesh Shrawan Zade
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal application for quashing of complaint and revision order
Remedy Sought
Quashing of Regular Complaint Criminal Case No.14/2004 and order in Criminal Revision No.40/2004
Filing Reason
The complaint was alleged to be a counter-blast to a complaint filed by the applicants against non-applicant no.2 and his wife
Previous Decisions
The Judicial Magistrate First Class, Kelapur had taken cognizance and the Additional Sessions Judge, Pandharkawada had dismissed the revision
Issues
Whether the complaint is an abuse of process of law being a counter-blast
Submissions/Arguments
The applicants argued that the complaint is a counter-blast to their earlier complaint against non-applicant no.2 and his wife, and thus an abuse of process.
Ratio Decidendi
A criminal complaint filed as a counter-blast to an earlier complaint constitutes an abuse of process of law and is liable to be quashed under Section 482 CrPC.
Judgment Excerpts
the complaint as filed against the present applicants is nothing but an abuse of process of law.
the complaint in question is nothing but is an counter blast to the complaint filed against nonapplicant no.2 and his wife
Procedural History
The applicants filed an application under Section 482 CrPC before the High Court seeking quashing of Regular Complaint Criminal Case No.14/2004 pending before the Judicial Magistrate First Class, Kelapur, and the order passed by the Additional Sessions Judge, Pandharkawada in Criminal Revision No.40/2004.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
