Not A Mere Breach Of Contract: Telangana High Court Refuses To Quash FIR In ₹73 Crore Garment Investment Fraud Accused Not Entitled To Copies Of 'Unrelied' Upon Documents At The Stage Of Framing Of Charges Under Section 91 CrPC: Supreme Court Elected Representatives Have No Privilege To Resort To Violence; Criminal Antecedents Are Material For Bail Adjudication: Supreme Court Mere Absence Of Transport Documents Does Not Create A Presumption Of Violation Of Chhattisgarh Agricultural Cattle Preservation Act, 2004: Supreme Court Section 396 IPC | Conviction For 'Dacoity With Murder' Requires Proof That Murder Was Committed In The Course Of Dacoity: Allahabad High Court 'Developers Cannot Delay Conveyance For Eternity And Milk Additional FSI Benefits': Bombay High Court Upholds Societies' Deemed Conveyance Pre-Approval Statutory Dues Stand Extinguished Upon Approval Of Resolution Plan; GST Authorities Cannot Initiate Fresh Proceedings: Calcutta High Court Unregistered Agreement To Sell With Delivery Of Possession Is Admissible In A Suit For Specific Performance: Delhi High Court Stigmatic Order Discharging Probationer Without Inquiry Is Void For Violation Of Natural Justice: Gujarat High Court Execution Proceedings | Court Cannot Impose Arbitrary Financial Conditions Without Reason In Stay Applications: Himachal Pradesh High Court Section 528 BNSS | High Court Cannot Exercise Inherent Powers To Circumvent Statutory Bar Against Second Revision: Delhi High Court Advocate Empanelment | Restriction On Multiple Applications Is A Procedural Choice Within Employer’s Domain: Delhi High Court Acquittal Appeal | Double Presumption Of Innocence In Favour Of Accused Cannot Be Disturbed Merely Because Another View Is Possible: Gujarat High Court SC/ST Act | Offence Under Section 3(1)(g) Not Attracted If Dispossession Or Interference Is Not Due To Victim's Caste: Himachal Pradesh High Court Judicial Officer Must Maintain Distance From Practicing Advocates To Avoid Impropriety: Gujarat High Court Upholds Dismissal Section 183 BNSS | Investigating Officer Cannot Independently Record Further Statement Of Victim After Recording Before Magistrate: Karnataka High Court Non-Production Of Case Property And Missing Link Evidence In Seizure Cases Vitiates Prosecution: Himachal Pradesh High Court Employees Compensation Act | Death Due To Cardiac Arrest During Employment Is An 'Accident' Arising Out Of Stress And Strain Of Duty: J&K High Court Transfer Of Proceedings | Courts Must Issue Fresh Notice To Parties Even If They Had Appeared Before The Transferor Court: Kerala High Court Sets Aside Ex-Parte Award Section 80P(4) IT Act Does Not Deny Deduction To Regional Rural Banks As They Retain The 'Deemed Co-operative Society' Status Under Section 22 RRB Act: Madras High Court Property Purchased In Name Of Child For Family Benefit Is Not A 'Benami Transaction' Under Section 2(9) Of The 1988 Act: Madhya Pradesh High Court Person Without Caveatable Interest Cannot Challenge Will Or Seek Revocation Of Probate: Madras High Court Divorce | Cruelty Must Be Assessed By Cumulative Effect Of Matrimonial Conduct Rather Than Isolated Incidents: Orissa High Court Merely Labeling Insurance Policy As Comprehensive Does Not Create Unlimited Liability: MP High Court Order VII Rule 11 CPC | Plaint Must Be Rejected If Limitation Bar Is Apparent From Face Of Pleadings: Patna High Court Limitation Act | 'Sufficient Cause' Cannot Be Used To Revive Stale Or Dead Claims By State: Orissa High Court Quashes Order Condoning 53-Year Delay Employee Cannot Remain Dormant Like Rip Van Winkle & Awaken At Convenience: Punjab & Haryana High Court Dismisses Stale Service Plea With ₹25K Cost Section 29 NDPS Act | Mere Allegation Of 'Cooperation' Without Specific Overt Acts Cannot Sustain Charge Of Conspiracy: Rajasthan High Court Forest Land Status Does Not Extinguish Private Civil Title: Punjab & Haryana High Court Upholds Decree For Possession Once Admitted In Evidence, Document Cannot Be De-Marked On Grounds Of Insufficiency Of Stamp Duty: Telangana High Court Section 190 BNSS | Mere Presence In Unlawful Assembly With Active Intent Renders Member Vicariously Liable For Homicidal Act: Punjab & Haryana High Court Contributory Negligence Under Motor Vehicles Act Cannot Be Inferred Without Cogent Evidence: Telangana High Court Enhances Compensation Motor Vehicles Act | Section 164 Compensation Of Rs. 5 Lakhs Applicable Even To Pending Claims Arising Prior To 2019 Amendment: Punjab & Haryana High Court Consumer Protection Act | Builder Liable To Pay Interest For Delayed Possession Despite Force Majeure Plea If Agreement Executed Post-Outbreak: State Commission

Supreme Court Quashes Criminal Proceedings Against ISKCON Leaders, Citing Abuse of Process of Law

07 May 2024 8:19 AM

By: Admin


In a recent judgment, the Supreme Court of India has quashed the criminal proceedings initiated against two International Society for Krishna Consciousness (ISKCON) leaders. The Court, while exercising its power under Section 482 of the Criminal Procedure Code (Cr.P.C.), ruled that the prosecution constituted an abuse of the court's process and lacked merit.

The case pertained to a complaint filed by the ISKCON Kolkata branch, alleging the theft of a luxury bus in 2001. The complaint accused the appellants, Chanchalpati Das (Vice President of ISKCON, Bengaluru) and Madhupandit Das (President of ISKCON, Bengaluru), of theft, criminal breach of trust, and forgery. The complaint further claimed that the bus had been taken to Bengaluru by the accused.

The High Court at Kolkata had previously dismissed the Criminal Revision Applications filed by the appellants seeking the quashing of the charge-sheet. However, upon review, the Supreme Court found that the complaint had been filed after an unexplained delay of eight years, which it deemed a misuse and abuse of the court's process. The Court also noted the absence of substantive evidence to support the allegations against the accused.

The Supreme Court emphasized that the powers under Section 482 of Cr.P.C. should be exercised sparingly and with caution. Referring to the landmark case of State of Haryana v. Bhajan Lal, the Court reiterated the guidelines for quashing proceedings, including instances where the allegations do not constitute an offense or are absurd and improbable. The Court held that the allegations made against the appellants fell within these categories, with no prima facie case established against them.

Furthermore, the Court expressed concern over the proliferation of frivolous litigation and emphasized the need to deter litigants from engaging in such practices. It observed that the misuse and abuse of the legal process impede the timely hearing of genuine cases. The Court stressed the importance of imposing exemplary costs on parties involved in frivolous litigation.

Supreme Court quashed the criminal proceedings pending against the appellants in the Court of Chief Judicial Magistrate, Alipore, arising from the FIR registered at Ballygunge Police Station. The Court also directed the respondent-complainant to deposit a sum of Rs. 1,00,000 with the Supreme Court Advocates-on-Record Association as exemplary costs.

D.D.18.May.2023

CHANCHALPATI DAS vs THE STATE OF WEST BENGAL & ANR.     

Latest Legal News