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2022 (4) TMI 1467 - SC - Indian LawsValidity of criminal proceedings - whether in a case where cognizance is taken by the learned Magistrate and thereafter the case is committed to the learned Special Court, whether entire criminal proceedings can be said to have been vitiated considering the second proviso to Section 14 of the Atrocities Act which was inserted by Act 1 of 2016 w.e.f. 26.1.2016? - HELD THAT:- There was apparently political rivalry between the Petitioner No.1 and Devendra Aggarwal. However, Complaint Case No. 19/2018 has not been lodged against the Petitioners, by Devendra Aggarwal, but by the Respondent No.2, a Dhobi by caste, which is a scheduled caste. It cannot be said that the allegations in the complaint do not make out offence under the Atrocities Act. It is specifically alleged that the Petitioners had abused the Respondent No.2 in filthy language by reference to his caste. The allegations in the Complaint Case No.19 of 2018, if established, could result in conviction under the relevant subsections of Section 3(1) of the Atrocities Act. The fact that the complaint may have been initiated by reason of political vendetta is not in itself ground for quashing the criminal proceedings - It is a well established proposition of law that a criminal prosecution, if otherwise justified and based upon adequate evidence, does not become vitiated on account of mala fides or political vendetta of the first informant or complainant. The criminal proceedings cannot be nipped in the bud by exercise of jurisdiction under Section 482 of the Cr.P.C. only because the complaint has been lodged by a political rival. It is possible that a false complaint may have been lodged at the behest of a political opponent. However, such possibility would not justify interference under Section 482 of the Cr.P.C. to quash the criminal proceedings - Whether the allegations are true or untrue, would have to be decided in the trial. In exercise of power under Section 482 of the Cr.P.C., the Court does not examine the correctness of the allegations in a complaint except in exceptionally rare cases where it is patently clear that the allegations are frivolous or do not disclose any offence. The Complaint Case No.19/2018 is not such a case which should be quashed at the inception itself without further Trial. The High Court rightly dismissed the application under Section 482 of the Cr.P.C. Documents have been brought on record by the Petitioners which show that the Petitioner No.1 is a patient of lung cancer of an advanced stage. He is on strong medication. Considering the condition of the health of the Petitioner No.1, the Trial Court may consider exempting the personal appearance of the Petitioner No.1, if such an application is made to the Trial Court. SLP dismissed.
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