TMI Blog2008 (5) TMI 687X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts of Santosh Medical College on one hand and the authorities of the College on the other hand. 4. Dr. Narendra Kumar, the father of the appellants, is presently working as Professor/Medical Director of Neonatal Intensive Care Unit [NICU] and also performing medical practice at 2917, Middleboro Place, Modesto, California. Both the appellants were born in California and completed their schooling in USA. They decided to get admission in MBBS course for the academic session 1996-97 in Santosh Medical College, Ghaziabad [for short College] against NRI quota after remitting US $50,000 and US $49,700 respectively towards capitation fees and additional hostel fees of ₹ 75,000 and ₹ 45,000 and security deposits for one year. That apart, the College took a loan of ₹ 25 lakhs on interest @ 11.5% p.a. from the father of the appellants and its payment was assured by a handwritten slip. The disputes and differences arose after the father of the appellants demanded repayment of the loan from Dr. P. Mahalingam the second respondent herein, Chairman Managing Director/Trustee of Maharaji Educational Trust and Santosh Medical College and Hospital, Pratap Vihar, Vijay Nagar, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ities. The High Court vide order dated 9.4.2002 directed the College authorities to be present personally in the Court but in the meantime on 22.04.2002 the result was declared and for no valid reasons, the first appellant was declared failed in Surgery Practical Examination. The first appellant left with no other remedy, but to approach the High Court by means of another writ petition. The High Court directed the second respondent to produce before it the tabulation chart of Surgery Practical Examination of all the students including the first appellant. The High Court on 12.11.2002 having noticed serious allegations of mala fide, restrained Dr. P. Mahalingam the second respondent from interfering in and conducting examination of the first appellant and further directed that the practical examination of the first appellant be got conducted through Agra Medical College in which the first appellant was declared pass with 70% marks. 6. The appellants alleged that having miserably failed in all attempts to ruin the career of the first appellant, Dr. Mahalingam the second respondent on 04.04.2003 got a false and frivolous report lodged under Sections 504 and 506 IPC through his yes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with kicks, fists, shoes and sticks. They got themselves medically examined at the Government M.M.G. Hospital, Ghaziabad and on refusal to register their FIR by the Police of Police Station, Ghaziabad, the appellants proceeded to file an application under Section 156(3) Cr.P.C. before Chief Judicial Magistrate, Ghaziabad seeking direction to the police to register the FIR and hold proper investigation in the case. Though the said application was initially rejected by the Chief Judicial Magistrate, but in view of the order of the IIIrd Additional District and Sessions Judge, Ghaziabad, the Chief Judicial Magistrate by order dated 3.10.2005 directed the concerned Police Station Officer to register the case against the culprits. 9. Aggrieved thereby, Dr. P. Mahalingam the second respondent filed a Criminal Writ Petition before the High Court which was dismissed vide order dated 9.11.2005. In pursuance of the order of the Chief Judicial Magistrate dated 03.10.2005 and subsequent order of the High Court dated 9.11.2005, FIR at the instance of Dr. Monica bearing Crime No. 425 of 2005 was registered on 28.11.2005 under Sections 147/323/342/352/354/427/504 and 506 IPC at the Police Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t but with wrong dates and incomplete particulars. The first appellant again was forced to file Contempt Petition No. 4057 of 2005 against the second respondent praying for taking legal proceedings against him for violation of the courts order. The High Court on 23.12.2005 recorded the following order:- This court without going into the controversy is not issuing any notice on the contempt application at this stage and disposes of this application with a direction to the opposite party to consider the request made by the applicant in her representation within three weeks from the date of the production of a certified copy of this order. If the grievance of the applicant is found to be genuine, in that event, fresh certificates shall be issued immediately. 13. The appellants stated that Dr. P. Mahalingam the second respondent found a good ally in Anil Somania the then Station Officer of P.S. Vijay Nagar whose daughter was also studying in the same College and thus was able to intensify the harassment of the appellants and got initiated criminal proceedings against them under Sections 107/116 Cr.P.C. This time again on being approached by the appellants, the High Court by order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... est of Rajendra Kuntal - Head Security Guard of Dr. P. Mahalingam. The complaint of Rajendra Kuntal was sent through Ram Murti Mani Kandan, Personal Manager of the second respondent, to the Police Station. The appellants were arrested on 15.01.2006 from their house and lodged in jail. They were released on bail by the learned Sessions Judge on 31.01.2006. 16. Owing to constant threats and victimisation by Dr. P. Mahalingam in collusion with the local police, the appellants filed Miscellaneous Writ Petition No. 1947 of 2006 praying for CBI investigation into the matter. On 22.07.2006, the High Court passed the following order:- Considering the facts and circumstances of the case, we are of the view that the correct position of the investigation of the cases be also brought on record. Therefore, learned AGA is directed to file counter affidavit annexing the copies of the statement of the prosecution witnesses recorded under Section 161 Cr.P.C. in the cases referred to above. The case be listed on 27.3.2006. The Senior Superintendent of Police, Ghaziabad shall look into the grievances of the petitioners regarding the ill-treatment/humiliation/harassment etc. by the local poli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... launched two false and vexatious criminal cases against the appellants in continuation of series of acts of victimization and harassment first to spoil their future career; (iv) the High Court has failed to appreciate that the material on record leaves no room of doubt that the Criminal Cases were initiated at the instance of Dr. P. Mahalingam the second respondent due to mala fide intention, vengeance and animosity in continuation of his designs to misappropriate the loan amount advanced to him by the father of the appellant for establishment of the College; (v) that the High Court has failed to appreciate that Dr. P. Mahalingam who happens to be the Chairman and Sole Trustee of the Maharaj Ji Educational Trust which is running the Santosh Medical College for imparting medical education at the Under Graduate Level, which is one of the noblest professional qualification that one can impart on human beings, has been indulging in acts of omissions and commissions which are wholly unexpected of him. After having failed in all his repeated attempts to spoil the career of the appellants, the second respondent adopted a vindictive attitude towards the appellants and the facts of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther of the appellants by way of cheques and bank drafts way back in the year 2003 itself. Mr. Venugopal has brought to our notice the relevant paragraphs of counter affidavit filed by the second respondent in opposition to the present appeal in which the allegations of the appellants that they were intentionally got failed in the examinations at the instance of the second respondent has been categorically denied. The second respondent stated that the first appellant had failed repeatedly due to her poor performance in the examination and definitely not due to any amount of harassment or acts of victimization by him as alleged by the first appellant, whereas the second appellant could successfully complete his MBBS Course and, accordingly, all certificates like Internship Certificate, Passing Certificate and Character Certificate were issued to him on successful completion of the course. He submitted that the record of the College would reveal that despite a series of complaints regarding the act of indiscipline of the first appellant, he always took a lenient view so that she should not suffer in her studies and he has always extended full support to every student including the fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kidnapped and killed. On her cries, security men namely, Rajveer, Prempal and some of the students of the College, came for her rescue. Some of the household goods were also damaged by them. The victim (Dr. Indra Mohini Sharma) who is teacher in Santosh Medical College under Section 161 of the Code supported the F.I.R. version and mentioned that both the accused threatened and slapped her. She was rescued by the security men Rajveer and Prem Pal. Police also recorded statement of these two security men also of Gaurav Pandey, student of the College who reiterated about the incident. For the other incident dated 14.1.2006 report was lodged as Case Crime No.21 of 2006 under Sections 452, 323, 336, 504, 506, 420 IPC at Police Station Vijay Nagar, Ghaziabad, against Dr. Monica Kumar and Dr. Manish Kumar as they are said to have beaten the security man Rajendra Kuntal and also damaged the College properties. The investigating officer has recorded the statement of Rajendra Kuntal and other security personnel namely Prempal and Manoj Kumar. Both the witnesses have supported the FIR version. It may be mentioned that in exercise of the proceedings under Section 482 of the Code, this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Here allegations made in the report and the evidence so collected in the course of investigation construe a cognizable offence, it would not fall in any category of the case enumerated above, call for the exercise of extra ordinary powers or inherent power quashing the charge sheet submitted in the above-noted cases. 26. The special leave petition came up before this Court on 20.11.2006 on which date it was ordered: Issue notice. On an oral prayer made by the learned counsel, issue notice to Union of India confined to the que ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and that too in the rarest of rare cases. The illustrative categories indicated by this Court are earlier extracted in the order of the High Court. 30. We may reiterate and emphasise that the powers possessed by the High Court under Section 482 Cr.P.C. are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see that its decision in exercise of this power is based on sound principles. The inherent power should not be exercised to stifle a legitimate prosecution. The High Court being the highest court of a State should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of magnitude and cannot be seen in their true perspective without sufficient material. Of course, no hard and fast rule can be laid down in regard to cases in which the High Court will exercise its jurisdiction of quashing the proceeding at any stage. [See Janata Dal v. H.S. Chowdhury (1992) 4 SCC 305; Raghubir Saran Dr. v. State of Bihar 1964 (2) SCR 336; Kurukshetra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctor of the Medical College took a loan of ₹ 25 lakhs on interest at the rate of 11.5 % from Dr. Narendra Kumar, father of the appellants. As noticed in the earlier part of this judgment, a series of civil writ petitions and criminal proceedings besides contempt proceedings were initiated by the appellants in which allegations of mala fides, acts of victimization and physical and mental harassment were alleged against the second respondent in his personal capacity and also as a Chairman/Managing Director of the College Trust. The appellants filed application under Section 156(3) Cr.P.C. before the Chief Judicial Magistrate on the basis of which case under Section 347/502/506/342/352/ 354 and 427 IPC has been registered against the defaulters. The second respondent is said to have challenged the order of the Magistrate but he could not succeed. The appellants are facing trial of Case Crime No. 412/2005 lodged against them by Dr. Indra Mohini Sharma, third respondent, under Sections 458/323/504/506 IPC and Case Crime No. 21/2006 registered on 14.01.2006 in Police Station Vijay Nagar at the behest of Rajender Kuntal- respondent, Security Guard of the institution, under Sections ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellants 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a limitation on the constitutional power of this Court. Once this Court has seisin of a cause or matter before it, it has power to issue any order or direction to do complete justice in the matter. 36. While considering the nature and ambit of its own power under this Article, this Court observed that it was advisable to leave its power undefined and uncatalogued so that it remains elastic enough to be molded to suit the given situation; even where no alternative remedy is efficacious due to lapse of time. [see Delhi Development Authority v. Skipper Construction Co. (P) Ltd. [(1996) 4 SCC 622] relying on Re: Vinay Chandra Mishra (1995) 2 SCC 584 and Kerala State Electricity Board v. Kurien E. Kalathil (2000) 6 SCC 293). The power to do complete justice under this Article is, in a way, corrective power, which gives preference to equity over law. It is a residuary power, supplementary and complementary to the powers specially conferred by the statutes to do complete justice between the parties whenever it is just and equitable to do so. It is intended to prevent any obstruction to the stream of justice. (emphasis supplied) 37. In this view of the matter, in order to do compl ..... 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