Section 482 of The Code of Criminal Procedure, 1973 V / Supremacy of Ballot v. Authority of Police

Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra (2021) SCC Online SC 315 reiterates the parameters laid down in the celebrated decision of State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335. Seven Principles enunciated in Paragraph 102 of Bhajan Lal [Two-­Member Bench] are actually quoted with approval in Neeharika [Three-M­ember Bench]. Paragraph 37 of Neeharika extracts the following passage from Bhajan Lal found in Paragraph 102(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… and with a view to spite… due to private and personal grudge.”

High Court has given elaborate reasons as to how the allegations of bank fraud were developed during the proceedings concerning allegations of election fraud. High Court was perfectly justified in granting interim protection.

Hon’ble Justice V. Ramasubramanian, A.P. Mahesh Cooperative Urban Bank Shareholders Welfare Association v. Ramesh Kumar Bung, {Special Leave Petition (Criminal) No. 3869 of 2021].