Another case, where a criminal proceeding is manifestly attended with mala fide and proceeding is maliciously instituted with an ulterior motive. The hon’ble Supreme Court held that,
the High Court will not hesitate in exercise of its jurisdiction under Section 482 Cr.P.C. to quash the proceeding under Category 7 as enumerated in State of Haryana vs. Bhajan Lal, which is to the following effect:
“(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.”
Above Category 7 is clearly attracted in the facts of the present case.
Vineet Kumar And Ors Vs State Of Up & Anr on 31 March, 2017
Shades of Knife
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