TMI Blog2013 (1) TMI 853X X X X Extracts X X X X X X X X Extracts X X X X ..... n encroached upon by his father, he had a right to get his name entered in the revenue record. Thus, it is clear that the respondent no. 1, became the law unto himself and assumed the jurisdiction to decide the legal dispute himself to which he himself had been a party being the son of a rank trespasser. Transfer by the original allottee at initial stage, even if illegal, would not confer any right in favour of the respondent no.1. Thus, he adopted intimidatory tactics by resorting to revenue as well as criminal proceedings against the appellant without realising that even if the initial transfer by the original allottee Anant Ram was illegal, the land may revert back to the Government, and not to him merely because his father had encroached upon the same. The High Court has dealt with the issue involved herein and the matter stood closed at the instance of respondent no.1 himself. Therefore, there can be no justification whatsoever to launch criminal prosecution on that basis afresh. The inherent power of the court in dealing with an extraordinary situation is in the larger interest of administration of justice and for preventing manifest injustice being done. It is a judicial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Sections 447, 323, 429 and 34 IPC was registered. The appellant engaged one Pradeep Rana, Advocate, respondent no.2 and filed Writ Petition (Crl.) No. 1667 of 2005, inter- alia, seeking a direction for quashing of FIR No. 254 of 2005. The said writ petition was dismissed in limine vide order dated 29.9.2005. In the meantime, in the criminal proceedings launched by the appellant, a charge sheet was filed against respondent no.1 in December, 2005. C. After investigating the allegations made in FIR No. 254 of 2005 against the appellant, the police submitted a final report dated 20.2.2006, under Sections 173 and 169 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C. ), in the court of the Metropolitan Magistrate, Delhi. Respondent no.1 approached the revenue authorities i.e. Tahsildar, Narela, seeking the inclusion of his name in the revenue record as a person in possession/occupation of the said land. However, his claim was rejected by the Tahsildar vide order dated 22.6.2006. D. It is at this time, Writ Petition (Crl.) No. 2657 of 2006 was filed in the name of the appellant by Pradeep Rana, respondent no.2 as counsel on 18.11.2006, on the bas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 3(1)(viii) of the Act 1989, for the filing of a false criminal writ petition by the appellant in the High Court of Delhi, and further and more particularly, the second writ petition, without disclosing the factum of filing and dismissal of the aforementioned first writ petition. The Metropolitan Magistrate rejected the said complaint vide order dated 13.8.2009 on the ground that the High Court had closed the contempt proceedings initiated against the appellant, as well as against respondent no.2, at the instance of respondent no.1. J. Aggrieved, respondent no.1 filed Revision Petition No.23 of 2009 before the ASJ, Rohini Court, Delhi. As regards FIR No. 16 of 2007, the Special Judge (SC/ST) refused to proceed against the appellant and others, making serious comments regarding the conduct of respondent no.1, as well as that of the investigating officer. The revision petition filed by respondent no.1 against order dated 13.8.2009, was allowed by the revisional court vide order dated 25.10.2010, which was then challenged by the appellant, before the High Court by way of him filing a petition under Section 482 Cr.P.C. as Crl.M.C. No.1262 of 2011, which has been dismissed by impu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, the appeal is liable to be dismissed. 5. We have considered the rival submissions, and heard both, Shri Rakesh Khanna, learned ASG for the State of Delhi, and Shri Prasoon Kumar, Advocate, for respondent no.2, and have also perused the record. 6. So far as Contempt Case (Crl.) No.10 of 1007 is concerned, it is evident that the appellant, after becoming aware of the fact that a second writ petition was filed in his name, filed a complaint before the Bar Council of Delhi, through its Secretary against respondent no.2 on 29.12.2007 (Annx. P/11), wherein it was stated that the said second writ petition No. 1667 of 2005 was filed without his instructions, using papers signed by him in good faith, in the office of respondent no.2, at his instance. Upon considering the reply of the appellant, the High Court issued notice to Pradeep Rana, Advocate, respondent no.2 in Contempt Case (Crl.) No. 10 of 2007, and thereafter, respondent no.2 filed his reply, wherein he submitted that even though the second writ petition was filed on the instructions of the appellant, however, he inadvertently, failed to mention the fact that he had filed the earlier writ petition and that the same had be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a person belongs to a Scheduled Caste or Scheduled Tribe. In the absence of such ingredient, no offence under Section 3 (2)(v) of the Act is made out. 10. Section 3(1)(viii) of the Act 1989 reads as under: Punishment for offences of atrocities:(1) Whoever, not being a member of Scheduled Caste or a Scheduled Tribe,- (i) xx xx xx viii) institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe; ix) xx xx xx shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine. 11. The dictionary meaning of word `false means that, which is in essence, incorrect, or purposefully untrue, deceitful etc. Thus, the word false , is used to cover only unlawful falsehood. It means something that is dishonestly, untrue and deceitful, and implies an intention to perpetrate some treachery or fraud. In jurisprudence, the word false is used to characterise a wrongful or criminal act, done intentionally and knowingly, with knowledge, actual or constructive. The word false may also be used in a wide or narrower sense. When used ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fferent meanings with respect to responsibility for civil wrongs and responsibility for crime. Malicious prosecution means - a desire to obtain a collateral advantage. The principles to be borne in mind in the case of actions for malicious prosecutions are these:-Malice is not merely the doing of a wrongful act intentionally but it must be established that the defendant was actuated by malus animus, that is to say, by spite or ill will or any indirect or improper motive. But if the defendant had reasonable or probable cause of launching the criminal prosecution no amount of malice will make him liable for damages. Reasonable and probable cause must be such as would operate on the mind of a discreet and reasonable man; malice and want of reasonable and probable cause, have reference to the state of the defendant's mind at the date of the initiation of criminal proceedings and the onus rests on the plaintiff to prove them. 16. Mala fides, where it is alleged, depends upon its own facts and circumstances, in fact has to be proved. It is a deliberate act in disregard of the rights of others. It is a wrongful act done intentionally without just cause or excuse. (See : Stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame but also, the fact in issue, proved or not, as present in the earlier trial, must be identical to what is sought to be re-agitated in the subsequent trial. If the cause of action was determined to exist, i.e., judgment was given on it, the same is said to be merged in the judgment. If it was determined not to exist, the unsuccessful plaintiff can no longer assert that it does; he is estopped per rem judicatam. (See: Manipur Administration, Manipur v. Thokchom, Bira Singh, AIR 1965 SC 87; Piara Singh v. State of Punjab, AIR 1969 SC 961; State of Andhra Pradesh v. Kokkiligada Meeraiah Anr., AIR 1970 SC 771; Masud Khan v. State of U.P., AIR 1974 SC 28; Ravinder Singh v. State of Haryana, AIR 1975 SC 856; Kanhiya Lal Omar v. R.K. Trivedi Ors., AIR 1986 SC 111; Bhanu Kumar Jain v. Archana Kumar Anr., AIR 2005 SC 626; and Swamy Atmananda and Ors. v. Sri Ramakrishna Tapovanam and Ors., AIR 2005 SC 2392). 19. While considering the issue at hand in Shiv Shankar Singh v. State of Bihar Anr., (2012) 1 SCC 130, this Court, after considering its earlier judgments in Pramatha Nath Talukdar v. Saroj Ranjan Sarkar AIR 1962 SC 876; Jatinder Singh Ors. v. Ranjit Kaur AIR 2001 SC 784 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o Anr., AIR 2002 SC 1598). 22. In The Direct Recruit Class-II Engineering Officers Association Ors. v. State of Maharashtra Ors., AIR 1990 SC 1607, a Constitution Bench of this Court has taken a similar view, observing that the binding nature of a judgment of a court of competent jurisdiction, is in essence a part of the rule of law on the basis of which, administration of justice depends. Emphasis on this point by the Constitution is well founded, and a judgment given by a competent court on merits must bind all parties involved until the same is set aside in appeal, and an attempted change in the form of the petition or in its grounds, cannot be allowed to defeat the plea. (See also: Daryao Ors. v. State of U.P. Ors., AIR 1961 SC 1457; and Forward Construction Co. Ors. v. Prabhat Mandal (Regd.), Andheri Ors. AIR 1986 SC 391). 23. The instant case is required to be decided taking into consideration the aforesaid settled legal propositions. The complaint in dispute filed by the respondent no.1 is based on the ground that there has been a false declaration by the appellant while filing the second writ petition as he suppressed the truth that earlier for the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he court in dealing with an extraordinary situation is in the larger interest of administration of justice and for preventing manifest injustice being done. Thus, it is a judicial obligation on the court to undo a wrong in course of administration of justice and to prevent continuation of unnecessary judicial process. It may be so necessary to curb the menace of criminal prosecution as an instrument of operation of needless harassment. A person cannot be permitted to unleash vendetta to harass any person needlessly. Ex debito justitiae is inbuilt in the inherent power of the court and the whole idea is to do real, complete and substantial justice for which the courts exist. Thus, it becomes the paramount duty of the court to protect an apparently innocent person, not to be subjected to prosecution on the basis of wholly untenable complaint. In view of the above, the judgment of the High Court impugned herein dated 14.12.2011 as well as of the Revisional Court is set aside. Order of the Metropolitan Magistrate dated 13.8.2009 is restored. The complaint filed by respondent no.1 under the provisions of Section 3(1)(viii) of the Act 1989 is hereby quashed. The appeal is thus allowed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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