GORIGE PENTAIAH versus STATE OF A.P. & ORS.

Citation: [2008] 12 S.C.R. 623 · Decided: 20-08-2008 · Supreme Court of India · Bench: DALVEER BHANDARI, J.M. PANCHAL · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2008] 12 S.C.R. 623 
·• 
,. ,, 
GORIGE PENTAIAH 
A 
v. 
STATE OF A.P. & ORS. 
(Criminal Appeal No. 1311 of 2008) 
AUGUST 20, 2008 
B 
~ 
[DALVEER BHANDARI ANO J.M. PANCHAL, JJ] 
Code of Criminal Procedure, 1973: 
s. 482 -
Power of High Court to quash criminal 
proceedings - An unsuccessful litigant in a land dispute filing c 
criminal complaint against his opponent alleging offences u/ 
s 3(1 )(x) of the Scheduled Castes and Scheduled Tribes 
(Prevention of Attrocities) Act, 1989 and ss. 427, 447 and 506 
/PC - High Court declining to interfere - HELD: Every High 
Court has inherent power to act ex debito justitiae to do real D 
-i., 
and substantial justice, for the administration of which alone 
. > 
it exists, or to prevent abuse of the process of the court- If any 
abuse of the process leading to injustice is brought to the 
notice of the court, then the court would be justified in 
preventing injustice by invoking inherent powers in absence 
E 
of specific provisions in the Statute - In the instant case, in the 
entire complaint, nowhere it is mentioned that the accused 
was not a member of the Scheduled Caste or a Scheduled 
Tribe and he intentionally insulted or intimidated with intent to 
~. 
humiliate the complainant in a place within public view -
F 
~ 
Similarly, ingredients of s.506 /PC are totally absent in the 
complaint wherein it is not even mentioned that the accused 
had intimidated or threatened the complainant or any one 
'\ 
else - Complainant was not even in possession of the suit 
property on the date of incident and this fact has not been G 
~ 
disputed by the State - Therefore, the allegation made in the 
complaint, that the appellant demolished the wall could not 
arise - The a/legations are totally baseless and without 
any foundation - On the face of it, it looks that the criminal 
623 
{;) 
H 
.. 
624 
SUPREME COURT REPORTS 
[2008] 12 S.C.R. 
A complaint filed by the complainant was totally false and 
frivolous - Complaint was filed with an oblique motive - In this 
view of the matter, charges ulss. 427 and 447 /PC are also 
wholly illegal and unsustainable in Jaw -
111/hen the basic 
ingredients of the offence are missing in the complaint, then 
s permitting such a complaint to continue and to compel the 
accused to face the rigmarole of the criminal trial would be 
totally unjustified leading to abuse of process of law - The 
High Court ought to have exercised its jurisdiction uls. 482 
Cr.PC. and quashed the complaint -
Consequently, the 
c judgment passed by the High Court is set aside and the 
complaint is quashed - Schedµ/ed Castes and Scheduled 
Tribes (Prevention of Attrocities) Act, 1989 - s. 3(1 )(x) - Penal 
Code, 1860 - ss. 427', 447 ands. 506.[para 8-10, 14-17 and 
33) 
D 
R.P Kapur v. State of Punjab 1960 (3) SCR 388 =AIR 
1960 SC 866; State of Kamataka v. L. Muniswamy & Others 
1977 (3) SCR 113=(1977) 2 SCC 699; Chandrapal Singh & 
Others v. Maharaj Singh & Another (1982) 1 SCC 466; 
Madhavrao Jiwejirao Scindia & Others v. Sambhajirao 
E Chandrojirao Angre & Others 1988 (2) SCR 930=(1988) 1 
SCC 692 ; State of Haryana & Others v. Bhajan Lal & Others 
1992 Supp. (1) SCC 335; Janata Dal v. H. S. Chowdhary & 
Others 1992 (1) Suppl. SCR 226=(1992) 4 SCC 305; G. 
Sagar Suri & Another v. State of UP & Others 2000 (1) SCR 
F 417=(2000) 2 SCC 636; Roy VD. v. State of Kera/a ?000 (4) 
Suppl. SCR 539=(2000) 8 SCC 590 ; Zandu Pharmaceutical 
Works Ltd. & Others v. Mohd. Sharaful Haque & Another 2004 
(5) Suppl. SCR 790=(2005) 1 SCC 122; Indian Oil 
Corporation v: NEPC India Ltd. & Others 2006 (3) Suppl. . 
G 
SCR 704=(2006) 6 SCC 736; lnder Mohan Goswami & 
Another v. State of Uttaranchal & Others 2007 {10) SCR 847 
=AIR 2008 SC 251 - relied on. 
Connelly v. DPP (1964] AC 1254; and Lord Salmon in 
OPP v. Humphrys (1977] AC 1 - referrad to. 
t 
}-
.
GORIGE PENTAIAH v. STATE OF A.P. & ORS. 
625 
A~ 
Case Law Reference: 
A, 
[1964] AC 1254 
referred to 
para 18 
[1977] AC 1 
referred to 
para 18 
1960(3) SCR 388 
relied on 
para 19 
1977 (3) SCR 113 
relied on 
para 21 
B 
' 
1982 (1) sec 46 
relied on 
para 22 
1988 (2) SCR 930 
relied on 
para ·24 
1992 Supp. (1) sec 335 
relied on 
para 25 
1992 (1) Suppl. SCR 226 
relied on 
para 26 
c 
2000 (1) SCR 417 
relied on 
para 27 
2000 (4) Suppl. SCR 53 
relied on 
para 28 
·2004 (5) Suppl. SCR 790 
relied on 
para 29 
D 
-~ 
2006 (3) Suppl. SCR 704 
relied on 
para 30 
2007 (10) SCR 847 
relied on 
para 32 
CRIMINALAPPEALATE JURISDICTION 

Excerpt shown. Read the full judgment & AI analysis in Lexace.