Criminal Lawyer: The criminal case is not maintainable - when despite coming to know about mortgage the complainant gets Sale Deed executed in his favour after clearing bank dues; SC.

Supreme Court of India

Justice Arun Mishra, Justice S. Abdul Nazeer and Justice M R Shah

The SC was considering the issue, where by, the High Court in writ jurisdiction had directed the Commissioner of Police to take action against the police officers and also imposed cost of Rupees 25000 on the State - for not registering the FIR in the case and in view of conduct of the police officials. In the said case, the complaint was given by the complainant to the police authorities, initially, the IO, SHO and ACP had endorsed on the complaint that the case has been made out and the FIR be registered. But, subsequently, IO, SHO and ACP endorsed on the said complaint that the case is of civil nature and refused registration of FIR. The matter was placed before the DCP who had agreed with the latter view of the police and, therefore, the FIR was not registered. In view of the said directions and findings of the High Court, the police officials were in appeal before the Supreme Court in the present case.

The SC {The Commissioner of Police & Ors.v. Devender Anand & Ors.} while setting aside the judgment of the High Court holds that the criminal proceedings initiated by the complainant / respondent no. 1 was nothing, but an abuse of the process of law, for settling a civil dispute. It was further held that once the complainant came to know about the property was mortgaged with the bank, even inspite of that, the original complainant himself paid the mortgage money and got the mortgage redeemed, not only that; thereafter, he also got the sale deed executed in his name. Thereafter, he filed the complaint with the Magistrate and an application under Section 156 (3) Cr.P.C. which came to be rejected by the Magistrate. The said order was not assailed, and therefore became final. Then, thereafter, he again filed the private complaint under Section 200 Cr.P.C., which is still pending, before the Magistrate. Despite that the original complainant filed direct petition before the High Court, wherein, the aforesaid order was passed. It was held by the SC that the police officers including DCP were justified in rejecting the complaint for registration of FIR. And it was held that the present proceedings initiated are nothing, but gross abuse of process of law, therefore, while setting aside the judgment of the High Court, the proceedings pending before the Magistrate under Section 200 CrPC were also quashed and set aside, even though same were not assailed before the SC by the accused. The appeal was accordingly allowed.