Criminal justice machinery being misused by certain persons; courts must stay vigilant: Supreme Court

The Supreme Court recently urged courts to be vigilant against the misuse of the criminal justice machinery by certain persons having vested interests [Vishal Noble Singh v. State of Uttar Pradesh]..A Division Bench of Justices BV Nagarathna and Augustine George Masih observed that the criminal process cannot be exercised for any oblique purpose. High Courts, while exercising their powers under Section 482 of the Code of Criminal Procedure (CrPC), must quash proceedings where the allegations prima facie do not establish an offence, it added."We find that in recent years the machinery of criminal justice is being misused by certain persons for their vested interests and for achieving their oblique motives and agenda. Courts have therefore to be vigilant against such tendencies and ensure that acts of omission and commission having an adverse impact on the fabric of our society must be nipped in the bud," the Court observed..The Court was hearing a case where a complaint was made against one Vishal Singh (appellant), the Principal of a minority educational institution governed by the Diocese Education Board and run by the Church of North India.According to the complaint, the accused used forged and falsified documents, embezzled ₹13 crore from the fees paid by girl students and distributed it among themselves.A First Information Report (FIR) was subsequently registered against the appellant under various provisions of the Indian Penal Code, 1860 including those pertaining to cheating, forgery and criminal conspiracy.Aggrieved, the appellant moved the Allahabad High Court seeking quashing of the case. However, the High Court refused to do so, stating that the allegations in the case could only be considered based on evidence produced during trial.Following this decision, the appellant moved the apex court in appeal..In its analysis, the apex court expressed its surprise as to how the allegations against the appellant could be brought within the scope and ambit of the alleged offences."On a reading of the FIR as well as the charge-sheet, we do not find that the offences aforestated is made out at all. We do not find any criminal breach of trust nor any cheating by impersonation. There is also no cheating and dishonestly inducing delivery of property, nor has any documents referred to any forgery or security or any forgery for the purpose of cheating. There is no reference to any document which has been forged so as to be used as a genuine document and much less is as there any criminal conspiracy which can be imputed to the appellants herein in the absence of any offence being made out vis-a-vis the aforesaid sections," the Court said.It further noted that the allegations against the appellant have been made with a mala fide intent..The Court also expressed its displeasure at the failure of the complainant to appear before the Court to justify the allegations made in the complaint."...while the second respondent-complainant has made grave allegations against the appellants herein and on whose behalf a charge-sheet has also been filed against such allegations has failed to appear before this Court to justify the same. Such acts would not only cause deep fissures and mistrust between people and also unnecessarily burden the law courts and the criminal justice system," the judgment stated.It, therefore, set aside the decision of the High Court and consequently quashed the FIR and all consequent proceedings initiated against the appellant..Senior Advocates V Giri, Kavin Gulati and Siddhartha Dave appeared for the appellant.Additional Advocate General Ardhendhumauli Kumar Prasad appeared for the State of Uttar Pradesh..[Read Judgment]