Bar Assn.Tr.President Vs. Soumya Misra & Ors.  INSC 167 (18 January
APPELLATE JURISDICTION CRIMINAL APPEAL NO. 130 OF 2010 [Arising out of SLP(Crl)
No.7045/2007] BEZAWADA BAR ASSOCIATION THRO' .......APPELLANT(S) PRESIDENT
O R D E R
The matter has a chequered history. This matter had earlier come
to this Court at the instance of the State of Andhra Pradesh challenging the
order of the High Court whereby it had virtually scuttled the proceedings
against the respondent herein who happens to be a senior police officer. In
accordance with the order of this Court dated 5/11/2001, the Magistrate was
directed to proceed with the enquiry under Section 202 Cr.P.C. and thereafter
proceed further in accordance with law. The accused thereupon filed Criminal
Petition No. 4928/2006 under Section 482 Cr.P.C. praying that the proceedings
that had been initiated by the appellant Bar Association be quashed. The High
Court, in paragraph 8 and 9, has held as under:
The present case was filed with an ulterior motive for wreaking vengeance on
the accused and with a view to spite them due to private and personal grudge.
Though the complainant alleged that they entered into the Bar Association with
plain clothes, he did not mention as to what was the motive for the accused to
confront with the members of the Bar Association and to register a false case
taking into consideration the sequence of the events, the delay in filing the
complaint, the non-explanation by the complainant whether the police officers
can be prosecuted without any sanction order under Section 197 Cr.P.C. And the
non-explanation of the motive for the accused to foist a case against the
member of the Bar Association by entering into the Bar Association premises
without the commission of the offence, I am of the view that the facts of the
present comes within the purview of illustration No.7 in the Judgment of the
Supreme Court in Bhajan Lal's case (1 supra), therefore, the proceedings
against the petitioners are liable to be quashed."
We are of
the opinion that the finding referred to above could not have been recorded
without evidence and as a matter of fact, the High Court has examined the
matter as if it was doing so after the completion of a trial. We find
absolutely no basis in the High Court's observations that there was an ulterior
motive for taking vengeance with the members of the Bar Association or that the
Bar Association had not been able to give any explanation as to why the
respondent herein would lodge a false case against them and whether the
respondent could be prosecuted without sanction under Section 197 Cr.P.C.
We are, therefore, of the view that the High Court order cannot be
sustained. It is accordingly quashed and set aside. The appeal is allowed.
Necessary consequences will follow.
.........................J.( HARJIT SINGH BEDI )