In the Supreme Court, panel comprising Justices B.V. Nagarathna and Augustine George Masih was addressing an appeal against the decision made by the Allahabad High Court, which had rejected the applications filed by the accused-appellants under Section 482.
Thank you for reading this post, don't forget to subscribe!NEW DELHI: The Supreme Court of India has underscored the critical need for judicial vigilance against the misuse of the criminal justice system by individuals driven by personal gains and ulterior motives. This call for heightened scrutiny comes in the wake of a case involving Vishal Noble Singh, the principal of Bishop Johnson School and College, and others, accused of fraudulent activities and embezzlement of funds.
The bench, comprising Justices B.V. Nagarathna and Augustine George Masih, addressed the appeal against the Allahabad High Court’s decision, which had dismissed the applications for quashing the FIR filed under Section 482. The appellants, including Singh and Vinod Bihari Lal, Secretary of the Diocese Education Board (DEB), were implicated in a scheme involving the fabrication of documents and unauthorized operation of the educational institution, leading to the alleged misappropriation of Rs. 13 crores in fees from girl students.
Despite the serious allegations, the Supreme Court, after meticulous examination of the FIR and the charge sheet, concluded that the charges of criminal breach of trust, cheating by impersonation, and other related offenses were not substantiated.
The Court noted-
“On a reading of the FIR as well as the charge sheet, we do not find that the offences aforestated is made out at all. We do not find any criminal breach of trust nor any cheating by impersonation. There is also no cheating and dishonestly inducing delivery of property, nor has any documents referred to any forgery or security or any forgery for the purpose of cheating. There is no reference to any document which has been forged so as to be used as a genuine document and much less is as there any criminal conspiracy which can be imputed to the appellants herein in the absence of any offence being made out vis-a-vis the aforesaid Sections.”
This judgment brings to light the Supreme Court’s stance on the misuse of the criminal justice system, emphasizing that such machinery should not be leveraged for personal vendettas or to fulfill hidden agendas.
The Court remarked-
“We find that in recent years the machinery of criminal justice is being misused by certain persons for their vested interests and for achieving their oblique motives and agenda. Courts have therefore to be vigilant against such tendencies and ensure that acts of omission and commission having an adverse impact on the fabric of our society must be nipped in the bud.”
The Supreme Court’s decision to quash the FIR and all subsequent proceedings against the accused underscores the importance of evidence-based prosecution and the need to prevent the criminal justice system from becoming a tool for harassment. The Court’s reliance on precedents, including the landmark case of Madhavrao Jiwajirao Scindia vs. Sambhajirao Chandrojirao Angre, reinforces the principle that the criminal process cannot be used for any oblique purpose, and the initial test for quashing an FIR is whether the uncontroverted allegations prima facie establish the offence.
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This ruling not only highlights the judiciary’s role in safeguarding the integrity of the criminal justice system but also serves as a reminder of the need for due diligence and fairness in the prosecution of criminal cases. The Supreme Court’s vigilance against the misuse of legal mechanisms for personal gain is a critical step towards ensuring justice and maintaining public trust in the legal system.
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