Dr. Monica Kumar & Anr vs State Of U. P. & Ors
On 27 May, 2008
JURISDICTION
IN THE HONURABLE SUPREME COURT OF INDIA
JUDGEMENT DATE: 27/05/2008
BENCH
S. B. Sinha & Lokeshwar Singh Panta
PETITIONER: Dr. Monica Kumar & Anr. Vs. RESPONDENT: State of U. P. & Ors.
ACT / SECTIONS
Code of criminal procedure Section – 482 Indian Penal Code Section – 452, 323, 336, 504, 506, 420
Fact
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 RS.75,000 and Rs. 45,000 and security deposits for one year. That apart, the College took a loan of Rs. 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, Ghaziabad. In April 2001, the matter was reported to the Additional District Magistrate, Ghaziabad, for taking appropriate steps to get the loan amount refunded. Dr. P. Mahalingam the second respondent in his letter dated 9.4.2001 acknowledged the liability and had also assured to refund the entire loan amount. It was alleged that the second respondent with vindictive attitude started harassing the appellants and in the result declared in July 2000, Dr. Monica Kumar the first appellant was got failed in both theory papers of Pharmacology and she was not allowed to appear in two subsequent supplementary examinations as well as in Final Professional MBBS Part-I Examination.
Judgment
Challenge in this appeal is to the final judgment and order dated 24.08.2006 passed by the High Court of Judicature at Allahabad whereby and whereunder the High Court has dismissed Criminal Miscellaneous Applications bearing Nos. 7792 of 2006 and 7791 of 2006 filed by the appellants under Section 482 of the Code of Criminal Procedure [for short Cr.P.C.] in Case Crime No. 412 of 2005 under Sections 452, 323, 504, 506 and 427of the Indian Penal Code [for short the IPC] and in Case Crime No. 21 of 2006 under Sections 452, 323, 336, 504, 506, 420 IPC respectively registered against them at Police Station, Vijay Nagar, District Ghaziabad and seeking for entrustment of further investigation of the aforesaid cases to the Central Bureau of Investigation [for short the CBI].
This case would reveal a chequered history of legal battle being fought by the appellants the students of Santosh Medical College on one hand and the authorities of the College on the other hand.
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-man and associate Dr. Anil Tomar against all the members of the appellants family whereupon Case Crime No. 286 of 2003 was registered against them. Both the appellants and their parents filed Writ Petition No. 1923 of 2003 seeking for quashing the said criminal case and the High Court vide order dated 17.4.2003, stayed the arrest of the appellants and their parents during the investigation of the above-said FIR. The Police rushed to file charge sheet without making any fair and effective investigation against which Criminal Miscellaneous Application No. 8542 of 2003 under Section 482 Cr.P.C. was filed by the parents of the appellants in the High Court for quashing the charge sheet and the High Court vide its order stayed further proceedings pending before the trial court.
The appellants then stated that the tape recorded conversation held between the father of the appellants and Dr. M.K. Shrivastava, Principal of the College, would clearly reveal that Dr. P. Mahalingam the second respondent is the main person instrumental in victimisation and harassing of the appellants. On 2.5.2004 and 2.6.2004 the appellants were allegedly assaulted mercilessly by the second respondent, Anil Somania, Station Officer, P.S. Vijay Nagar and their drivers. The first appellant was molested and she had been threatened to be kidnapped, raped and even murdered whereas the Dr. Manish Kumar- the second appellant, brother of the first appellant was assaulted 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) C.R.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.
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 Station against Dr. P. Mahalingam and other persons named in the complaint.
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 C.R.P.C. This time again on being approached by the appellants, the High Court by order dated 25.11.2005 stayed those proceedings.
Having failed in all earlier attempts to harm the careers of the appellants, the second respondent allegedly in collusion with Anil Somani, SHO, instigated Dr. I.M. Sharma, Warden of Girls Hostel of the College the third respondent herein and got a false and frivolous FIR No. 297/2005 (Case Crime No. 412/2005) dated 5.10.2005 registered against the appellants under Section 452/323/504 and 506 IPC at P.S. Vijay Nagar. The appellants filed Criminal Miscellaneous Petition No. 11192 of 2005 in the High Court and the High Court on 7.11.2005 passed the following order:-
Having regard to the facts and circumstances of the case, the arrest of the petitioners for the offences indicate above is stayed till the submission of the report on the following conditions:-
- That the petitioners will not be arrested in respect of the said crime number during the pendency of the investigation provided they cooperate with the investigation.
- The stay of arrest will operate only if certified copy of this order along with one self attested copy of the writ petition is served upon the investigation officer within fifteen days from today.
- The stay of arrest will cease to operate if it is decided to submit a charge sheet after investigation.
- Because the complainant has not been head at this stage, therefore, it will be open to the complainant or the investigation officer who has not been given opportunity to file counter affidavit or any other party aggrieved to apply in this writ petition for recall/modification of this order, if any misstatement is found in the material facts stated in the writ petition or other legally valid ground which may be available to the party so applying.
- The investigating officer will make all possible efforts to conclude the investigation within three months of the date on which a certified copy of this order is served upon him.
Leaving no stone unturned to fulfill his vengeance and revengeful attitude against the appellants, the second respondent got one more frivolous FIR bearing Crime No. 21 of 2006 dated 14.1.2006 registered against them under Sections 452/323/336/504/506 and 427 IPC at P.S. Vijay Nagar at the behest 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.
Consequently, criminal proceedings arising out of Case Crime No. 412/2005 registered at the behest of Dr. Indra Mohini Sharma under Sections 452, 323, 504, 506 and 427 IPC and proceedings of Case Crime No. 21/2006 under Sections 452, 323, 336, 504, 506 and 427 IPC filed by Rajender Kuntal at Police Station Vijay Nagar, Ghaziabad and charges said to have been framed by the trial court based upon the above-said criminal cases against the appellants shall also stand quashed.
Before parting with this judgment, we make it clear that any observations made by us in this judgment may not be construed as an expression of opinion on the genuineness, authenticity, validity, and legality of the allegations and counter-allegations leveled by the parties against each other in different proceedings and we have closed the proceedings of the above-mentioned FIRs initiated against the appellants mainly in exercise of our jurisdiction under Article 142 of the Constitution.
RATIO DECINDENDI
Having heard the learned counsel for the parties and having noticed and considered the proposition of law laid down by this Court in a number of decisions, the learned Single Judge of the High Court observed: The contents of the report registered as Case Crime No. 412 of 2005 under Sections, 452, 323, 504, 506 427 IPC at Police Station Vijay Nagar, Ghaziabad, transpires that on 5.10.2005 at about 6 p.m. Dr. Monica Kumar and Dr. Manish Kumar entered in the house of Dr. Indra Mohini Sharma, H. No. 14, Sector-12, Pratap Vihar, Ghaziabad with knife and brick bats. They started hurling abuses to her saying that she is much close to Dr. P. Mahalingam. She was also slapped and was also threatened that her children would be 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 a 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 the statement of these two security men also of Gaurav Pandey, the 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.
CONCLUSION
We may reiterate and emphasize 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.