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2008 (5) TMI 687 - SC - Indian LawsJurisdiction u/s 482 Cr.P.C - Victimisation and harassing of medical students by college authorities - Seeking for entrustment of further investigation of the cases to CBI - two separate petitions u/s 482 Cr.P.C. for quashing of the FIRs. HELD THAT:- If the ingredients which establish the commission of the offence or misconduct exist then, the prosecution cannot fail merely because there was an animus of the complainant or the prosecution against the accused. Allegations of mala fides may be relevant while judging the correctness of the allegations or while examining the evidence. But the mere fact that the complainant is guilty of mala fides, would be no ground for quashing the proceedings. [See State of Maharashtra v. Ishwar Piraji Kalpatri [1995 (11) TMI 455 - SUPREME COURT]; Zhandu Pharmaceuticals Works Limited and Others v. Mohd. Sharaful Haque and Another [2004 (11) TMI 519 - SUPREME COURT]; State of Bihar & Anr. v. J.A.C. Saldanah [1979 (11) TMI 268 - SUPREME COURT]. There may be some exceptions to the said rule but we are not concerned with such a case. The entire details of the facts of the present case do indicate that the appellants during their study of MBBS Course had some problems with the second respondent; some staff of the College and the then SHO of P.S. Vijay Nagar, whose daughter was also studying in the same College. The record would reveal that both the appellants being NRI candidates have undergone physical and mental agony and torture during their students career in pursuing the MBBS course. They had spent most of their precious time in litigation in the courts fighting for their genuine and legitimate claims. They may be lacking in some indiscipline activities in the College for which they have been facing criminal proceedings for the past about 3 years. Looking to the entire backdrop of the peculiar facts of countless incidents having faced by the appellants during their primary life as MBBS students and the nature of the offences alleged against them in the above mentioned crime cases lodged by Mrs. Indra Mohini Sharma and Rajender Kuntal in Police Station Vijay Nagar, Ghaziabad and allegations and counter allegations in various complaints made by the parties against each other and coupled with the tenor and contents of the apology tendered by the appellants, we are of the view that it is a fit case where we should exercise our jurisdiction under Article 142 of the Constitution of India. We are conscious of the well- settled law that in case of persons against whom prima facie case is made out and charge sheet is filed in the competent court, it is that court which will then deal with the case on merits in accordance with law and the High Court should not except in extraordinary circumstances exercise its jurisdiction u/s 482 Cr.P.C. so as to quash the prosecution proceedings after they have been lodged. Therefore, taking into consideration the future career of the appellants who by this time might have joined the noble medical profession and owing to the reasons and observations above stated, this appeal is allowed as a result thereof the order of the High Court impugned in this appeal is set aside subject to the directions contained herein - We, are of the opinion that it is a fit case where we should exercise our discretionary jurisdiction under Article 142 of the Constitution of India so as to bring the dispute between the parties to an end.
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