Vindication of majesty of justice and maintenance of law and order in the society are the prime object of criminal Justice but it would not be the means to wreak personal vengeance considers By the High court of Patna
TITLE-DR.SHIPRA ROY VS THE STATE OF BIHAR & OTHERS
Decided On-12/12/2023
+CR.MISC NO.4855/2022
CORAM-HON’BLE JUSTICE MR.SANDEEP KUMAR
INTRODUCTION
As this appeal filed by the appellant for quashing the FIR registered for the offence under Section 406 and 420 of IPC
FACTS
As per the facts of the case from the Prosecution side state that the informant has taken loan from the Punjab National Bank,Branch New Market ,Patna but the bank without proper communication and without following due process made an auction of the house of the informant.As informant filed application before DRT despite of several orders the bank has not submitted the documents.As the mother of the informant and tenants are living for past 10-15 years in the large area of the property but the petitioner through staff and unknown person threatened the mother and the tenant.The informant also state that petitioner in connivance with bank officials are trying to grab the house of the informant.Learned counsel for petitioner states that as due to default in payment of loan and accordingly the proceeding under the SARFAESI Act was initiated against the appellant.Bank put the property of the informant on auction and an advertisement dated for the auction of the said property and petitioner after knowing the auction sale, she took part and become the successful bidder in public auction and as per the instructions of the bank the petitioner deposit the full amount and after following procedure the bank issued the sale certificate infavour of the petitioner and also state that the transaction between the informant and bank is purely commercial in nature.The informant himself is a defaulter and already invoked the statutory right under the SARFAESI Act which has been decided by the tribunal against him and if teg investigation of the present FIR is allowed to be continued it will be abuse of the process of the court.Whereas the learned APP of the state and learned Counsel for the opposite party no.2 opposed this quashing application.
THE COURT ANALYSIS AND DECISION
As per the Hon’ble court after considering and submissions of the parties the court observed that from the facts the informant who is the borrower has filed the present FIR against the petitioner,her husband,the bank Manager and others in order to wreak vengeance.Further the transaction between the informant and the bank is purely commercial in nature.The informant is a defaulter and invoked the statutory right under the SARFAESI Act decided by the Tribunal against him.Where the court considered the law laid down by the Hon’ble supreme court of Bhajan Lal and Surendra Prasad sinha which state that judicial process should not be an instrument if oppression or needless harassment.Vindication of majesty of justice and maintenance of law and order in the society are the prime objects of criminal justice but it would not be the means to wreak personal vengeance and state according to this kind of malicious prosecution at the instance of the borrower who has lost his property in an action sale to the petitioner should not be allowed to continue.The application is allowed and the Aforesaid FIR are hereby quashed with respect to all the accused persons including the present petitioner,as this court has found that the present FIR is a malicious one filed by the informant.
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