UDAI SHANKAR AWASTHI versus STATE OF U.P. ANR.

UDAI SHANKAR AWASTHI versus STATE OF U.P. ANR.

Where successive criminal complaints relating to the same subject matter have already been dismissed on merits after examination of witnesses, a subsequent complaint on identical facts is not maintainable and constitutes abuse of the process of court. The limitation period prescribed under Section 468 Cr.P.C. must be strictly observed in absence of a continuing offence, and the complaint herein, filed after 15 years, is barred by limitation. The Magistrate erred in issuing summons without complying with Section 202 Cr.P.C. as amended, invalidating further proceedings.

Parties
Appellant: Udai Shankar Awasthi; Respondent: State of U.P.; Respondent: Sudha Kant Pandey
Jurisdiction
India
Judgment Date
09 January 2013
Procedural Posture
Criminal Appeal / Supreme Court Appeal Against High Court Order Rejecting Petition Under Section 482 Cr.p.c.
Outcome
Appeal allowed. Complaint proceedings quashed.
Legal Topics
Abuse of Process, Quashing of Criminal Proceedings, Limitation in Criminal Cases, Continuing Offence, Section 482 Cr.p.c., Territorial Jurisdiction Under Section 202 Cr.p.c.
Criminal Law Criminal Procedure Abuse of Process Quashing of Criminal Proceedings Limitation in Criminal Cases Continuing Offence Section 482 Cr.p.c. Territorial Jurisdiction Under Section 202 Cr.p.c.

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Parties

Udai Shankar Awasthi

Appellant

State of U.P.

Respondent

Sudha Kant Pandey

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal Against High Court Order Rejecting Petition Under Section 482 Cr.p.c.

Legal Issues

  1. 1 Whether the criminal proceedings initiated were an abuse of process and not maintainable due to prior dismissals of similar complaints on merits.
  2. 2 Whether the complaint was barred by limitation under Sections 468, 469, 472, and 473 Cr.P.C.
  3. 3 Whether the Magistrate erred by issuing summons without compliance with the amended Section 202 Cr.P.C. where accused were outside territorial jurisdiction.

Ratio Decidendi

Where successive criminal complaints relating to the same subject matter have already been dismissed on merits after examination of witnesses, a subsequent complaint on identical facts is not maintainable and constitutes abuse of the process of court. The limitation period prescribed under Section 468 Cr.P.C. must be strictly observed in absence of a continuing offence, and the complaint herein, filed after 15 years, is barred by limitation. The Magistrate erred in issuing summons without complying with Section 202 Cr.P.C. as amended, invalidating further proceedings.

Court Disposition

Appeal allowed. Complaint proceedings quashed.

Orders

  • Impugned High Court judgment dated 13.3.2012 set aside.
  • Proceedings in Complaint Case No. 628 of 2011 before the Additional C.J.M., Allahabad, quashed.