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2022 (2) TMI 1433 - SC - Indian LawsCheating - obtaining blank stamp papers from the Respondents and creation of Agreements for Sale by misusing the said blank stamp papers - offences punishable Under Sections 420, 464, 465, 468 and 120-B of the Indian Penal Code - HELD THAT:- Though this Court has cautioned that, power to quash criminal proceedings should be exercised very sparingly and with circumspection and that too in the rarest of rare cases, it has specified certain category of cases wherein such power can be exercised for quashing proceedings - in the present case, though civil suits have been filed with regard to the same transactions and though they are contested by the Respondent No. 2 by filing written statement, he has chosen to file complaint Under Section 156(3) of the Code of Criminal Procedure after a period of one and half years from the date of filing of written statement with an ulterior motive of harassing the Appellants. This Court has clearly held that, a stage has come where applications Under Section 156(3) of Code of Criminal Procedure are to be supported by an affidavit duly sworn by the complainant who seeks the invocation of the jurisdiction of the Magistrate. In the present case, the learned Magistrate while passing the order Under Section 156(3) of the Code of Criminal Procedure, has totally failed to consider the law laid down by this Court - From the perusal of the complaint it can be seen that, the complainant/Respondent No. 2 himself has made averments with regard to the filing of the Original Suit. In any case, when the complaint was not supported by an affidavit, the Magistrate ought not to have entertained the application Under Section 156(3) of the Code of Criminal Procedure. The High Court has also failed to take into consideration the legal position as has been enunciated by this Court in the case of Priyanka Srivastava v. State of U.P. [2015 (5) TMI 47 - SUPREME COURT], and has dismissed the petitions by merely observing that serious allegations are made in the complaint. Thus, continuation of the present proceedings would amount to nothing but an abuse of process of law. Appeal allowed.
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