IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 130 OF 2010 [Arising out of SLP(Crl) No.7045/2007]

BEZAWADA  BAR  ASSOCIATION  THRO'  PRESIDENT

.......APPELLANT(S)  

Versus

SOUMYA MISRA & ORS. .....RESPONDENT(S)

O R D E R

Leave granted.  

2. The matter has a chequered history.  This  

matter had earlier come to this Court at the instance of  

the State of Andhra Pradesh challenging the order of the  

High  Court  whereby  it  had  virtually  scuttled  the  

proceedings against the respondent herein who happens to be  

a senior police officer.  In accordance with the order of  

this Court dated 5/11/2001, the Magistrate was directed to  

proceed  with  the  enquiry  under  Section  202  Cr.P.C.  and  

thereafter proceed further in accordance with law.  The  

accused  thereupon  filed  Criminal  Petition  No.  4928/2006  

under Section 482 Cr.P.C. praying that the proceedings that  

had  been  initiated  by  the  appellant  Bar  Association  be  

quashed.  The High Court, in paragraph 8 and 9, has held as  

under:

“8. The present case was filed with an  

ulterior  motive  for  wreaking  vengeance  on  the  

accused and with  a  view  to  spite  them due to

.....2.

- 2 -

private  and  personal  grudge.   Though  the  

complainant  alleged  that  they  entered  into  the  

Bar Association with plain clothes, he did not  

mention as to what was the motive for the accused  

to  confront  with  the  members  of  the  Bar  

Association and to register a false case against  

them.

9. By  taking  into  consideration  the  

sequence of the events, the delay in filing the  

complaint, the non-explanation by the complainant  

whether  the  police  officers  can  be  prosecuted  

without  any  sanction  order  under  Section  197  

Cr.P.C. And the non-explanation of the motive for  

the accused to foist a case against the member of  

the  Bar  Association  by  entering  into  the  Bar  

Association  premises  without  the  commission  of  

the offence, I am of the view that the facts of  

the  present  comes  within  the  purview  of  

illustration No.7 in the Judgment of the Supreme  

Court in Bhajan Lal's case (1 supra), therefore,  

the  proceedings  against  the  petitioners  are  

liable to be quashed.”

We are of the opinion that the finding referred to above  

could  not  have  been  recorded  without  evidence  and  as  a  

matter of fact, the High Court has examined the matter as  

if it was doing so after the completion of a trial. We find  

absolutely no basis in the High Court's observations that  

there  was  an ulterior  motive for  taking  vengeance with

.....3.

- 3 -

the  members  of  the  Bar  Association  or  that  the  Bar  

Association had not been able to give any explanation as to  

why the respondent herein would lodge a false case against  

them and whether the respondent could be prosecuted without  

sanction under Section 197 Cr.P.C.

3. We are, therefore, of the view that the High  

Court order cannot be sustained.  It is accordingly quashed  

and  set  aside.   The  appeal  is  allowed.   Necessary  

consequences will follow.

  .........................J.           ( HARJIT SINGH  

BEDI )

New Delhi;            .........................J. January 18, 2010.          ( J.M. PANCHAL )