The Patna High Court, while quashing an FIR registered under Sections 379/427 of the Indian Penal Code reiterated that in frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines.
Brief Facts:
The petitioner filed the present writ petition seeking quashing of the First Information Report, registered under Sections 379/427 of the Indian Penal Code after a complaint regarding stealing of car was registered by the petitioner’s brother.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner submitted that the First Information Report, in question, has been lodged with oblique motive and unclean hands in order to take vengeance due to a property dispute. It was submitted that the respondent in order to take vengeance on the petitioner, has filed the present First Information Report and the petitioner himself is a victim of the organised crime of land grabbing run by the informant’s brother.
Contentions of the Respondent:
The learned counsel appearing on behalf of the state submitted that the chargesheet has been filed in the First Information Report, lodged by the petitioner against the informant’s brother and his henchmen, which shows that the allegation of house grabbing is correct.
Observations of the Court:
The court referred to the FIR and noted that the allegation against the petitioner is that the Hyundai Creta car was stolen from the disputed house which has been recovered from the parking lot of Patna Municipal Corporation situated in the same locality within 40 minutes of lodging of the First Information Report.
The court referred to the decision of the Hon’ble Apex Court in a judgment passed by Mahmood Ali and Ors. v. State of Uttar Pradesh and Ors. wherein it was observed that it would not be just enough for the Court to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not. In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read between the lines.
The court stated that upon objective consideration of the materials available on record and attending circumstances emerging from the record of the case with due care and circumspection, it can be concluded that the present First Information Report is frivolous, vexatious and has been instituted with the ulterior motive to take vengeance as a counterblast to the two First Information Reports lodged by the petitioner as well as the caretaker of the disputed house, in question.
The decision of the Court:
The court allowed the application and quashed the case against the petitioner.
Case Title: Deepak Kumar vs The State of Bihar & Ors.
Coram: Hon’ble Mr. Justice Anil Kumar Sinha
Case no.: Criminal Writ Jurisdiction Case No.1836 of 2019
Advocate for the Petitioner: Mr. Praveen Kumar
Advocate for the Respondents: Mr. Prabhat Kumar Verma
Read Judgment @LatestLaws.com
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