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

Posted on by Rudrajyoti Nath Ray

Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra (2021) SCC Online SC 315 reiterates parameters laid down in 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 from Bhajan Lal, Paragraph 102(7):

“Where a criminal proceeding is manifestly attended with mala fide and/or where 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 allegations of bank fraud were developed during 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].

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Also see, Babu Venkatesh v. State of Karnataka, [Criminal Appeal No. 252 of 2022] decided on 18.02.2022.

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