CHANCHALPATI DAS versus THE STATE OF WEST BENGAL & ANR.

Citation: [2023] 6 S.C.R. 655 · Decided: 18-05-2023 · Supreme Court of India · Bench: AJAY RASTOGI · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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   [2023] 6 S.C.R. 655
655
CHANCHALPATI DAS
v.
THE STATE OF WEST BENGAL & ANR.
(Criminal Appeal No. 1592 of 2023)
MAY 18, 2023
[AJAY RASTOGI AND BELA M. TRIVEDI, JJ.]
Code of Criminal Procedure, 1973 – FIR and charge-sheet –
Quashing of – FIR was registered against appellant-accused u/ss.
468, 471, 406 and 120-B of IPC – Appellant-accused claim
themselves to be spiritual leaders and are related to a religious/
spiritual society – It was alleged that appellant-accused had
committed theft as well as criminal breach of trust in respect of a
bus – Appellant-accused sought quashing of the criminal
proceedings – High Court dismissed the criminal revisions – On
appeal, held: As per the case of the complainant, the alleged incident
of bus theft had taken place in the year 2001, and it was only in
2009 that the substantial complaint was made in the Court of CJM
– No concrete action was taken with regard to the alleged theft of
bus for a long period of eight years, till filing of complaint in the
year 2009 – There is no substantial material or document produced
by the complainant to substantiate the allegations against the
appellants – Even after investigation, there was no evidence collected
by the investigating officer to prima facie satisfy ingredients of
alleged offences – Allegations made in the complaint and the charge-
sheet taken at their face value none of the ingredients of the offences
are made out – No expert opinion obtained or scientific evidence
collected on documents allegedly forged to show as to by whom,
when and how the theft of vehicle and forgery of documents were
committed – Respondent-complainant has misused and abused the
process of law to settle personal scores with the appellants – In the
facts and circumstances, criminal proceedings against the appellants
quashed.
Administration of Justice – Abuse of process of any Court –
discussed.
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SUPREME COURT REPORTS
[2023] 6 S.C.R.
Allowing the appeals, the Court
HELD: 1. It is again pertinent to note that, even as per the
case of the complainant, the alleged incident of bus theft had taken
place in the year 2001, and it was only in 2009 that the substantial
complaint was made in the Court of Chief Judicial Magistrate. It
is just not believable that the concerned Police Station, Kolkata
would not have taken any action on the report made in 2002 on
behalf of the powerful body like the religious/spiritual Society in
Kolkata, or on the letter dated 30.09.2006 written by the Branch
Manager of the Society, Kolkata. The respondent no. 2-
complainant also did not take any concrete action for getting the
said complaint registered with regard to the alleged theft of bus
for a long period of eight years, till the complaint in the Court
was filed in the year 2009. In the opinion of the Court such an
inordinate delay of eight years in filing the complaint in the court
itself would be a sufficient ground to quash the proceedings. If
the luxury bus owned by the religious society, Kolkata Branch in
1998 was so precious to them, they would not have sat silent for
such a long time of eight years. In opinion of this Court, the
criminal machinery set into motion by filing the complaint for the
alleged incident which had taken place eight years ago, that act
itself was nothing but a sheer misuse and abuse of the process of
the court. [Para 11][663-D-G]
2. That apart, from the bare perusal of the complaint filed
before the Court, on the basis of which the FIR was registered at
the Police Station on 20th February, 2009, it is discernible that
except bald allegations made in the complaint with regard to the
theft of bus in question there was no material or document
produced by the complainant to substantiate the allegations
against the appellants. Even after the investigation of the said
complaint, there was no evidence collected by the investigating
officer to prima facie satisfy the ingredients constituting the
alleged offences under Sections 468, 471, 406 and 120B of IPC.
Even if the allegations made in the complaint as well as in the
Chargesheet are taken at their face value none of the ingredients
constituting the alleged offences are culled out. The Senior
Counsel for the appellants had strenuously urged relying upon
the documents pertaining to the transfer of ownership and
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registration of the said bus, that the said documents were executed
by the then authorized persons of the religious society in Kolkata,
in opinion 

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