REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS. _1576-1577 OF 2008 [@ Special Leave Petition (Criminal) Nos.7387-88 of 2007]

Rukmini Narvekar ..       Appellant (s)

-versus-

Vijaya Satardekar & Ors. ..   Respondent (s)

J U D G M E N T

Markandey Katju, J.

1. Leave granted.  

2. These appeals have been filed against the common judgment of the

learned Single Judge of the Bombay High Court (at Goa) dated 3.8.2007 in

Criminal Writ Petition Nos.7/2007 and 8/2007.

3. Heard learned counsel for the parties and perused the record.  

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4. Respondent Nos. 1 & 2 in both these appeals are husband and wife,

being  Ranjit  Satardekar  and  his  wife  Vijaya  Satardekar.   An  FIR dated

25.2.2002 was filed against  these respondents  by one  Rukmini  Narvekar

(the  appellant  herein)  under  various  provisions  of  the  IPC  including

Sections 409, 420, 423, etc.  A true copy of this FIR is annexed as P6 in this

appeal.  The gist of this FIR is that the complainant is an illiterate person

and  so  was  her  husband  Raghunath  Narvekar.   It  is  alleged  that  the

respondent  Ranjit  Satardekar,  who  is  an  advocate,  fraudulently  and

dishonestly  induced  the  complainant  and  her  deceased  husband  to  place

their signatures and thumb impression on some papers in the office of the

Executive  Magistrate  at  Sawantwadi  without  explaining  the  contents

thereof, and falsely misrepresenting that the same was necessary to give him

necessary  authority  to  represent  them in  the  court  in  Goa  in  Inventory

Proceedings on the death of Andre Andrade which were going on pertaining

to the estate left  by him.  It  may be mentioned that  Andre Andrade had

several  children  including  one  daughter  who  was  married  to  Raghunath

Narvekar  but  their  marriage  was  dissolved  on  16.2.1973  and  thereafter

Raghunath  Narvekar  married  the  complainant.   Under  the  Goa  law,

Raghunath Narvekar and the complainant inherited 10% share in the estate

left by the deceased Andre Andrade and the remaining 10% went to Vijaya

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Andrade  who  had  been  married  to  Raghunath  Narvekar  and  was  being

represented by Ranjit Satardekar, advocate, in the Inventory Proceedings.

5. The  allegation  in  the  FIR  was  that  Ranjit  Satardekar  had  falsely

misrepresented to the complainant and her husband that the document which

was being executed by them was for enabling Ranjit to represent them in the

Inventory Proceedings in progress on the death of Andre Andrade, although

what was actually executed by them was a Power of Attorney.  This Power

of Attorney was used by the accused for executing a sale deed in favour of

his wife Vijaya Satardekar and Sadiq Sheikh in the year 1991, but the said

sale deed was presented for registration only in the year 2001.  It is alleged

that the complainant came to know only in August 2001 for the first time

about the execution of the sale deed in 1991.  Thus it  is alleged that the

property of the complainant was purported to have been sold away by Ranjit

Satardekar, advocate by deceit and misrepresentation for which he deserved

to be punished under Sections 409, 420 and other provisions of the IPC.

6. On the basis of the aforesaid FIR, the police investigated the case and

filed  a  chargesheet  against  both  Ranjit  Satardekar  and  Smt.Vijaya

Satardekar as well as two others.  Thereafter, cognizance was taken of the

offence alleged in the chargesheet and process was issued by the Judicial

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Magistrate, First Class, Panaji under Sections 468/471/420/120-B read with

Section 34 of the Indian Penal Code.   

7. Against the order taking cognizance and issuing process against the

accused, they filed a Criminal Revision before the Sessions Judge, Panaji,

which was dismissed by his judgment dated 19.6.2007.  Against that order a

writ petition was filed which was allowed by the impugned judgment of the

learned Single Judge of the High Court dated 3.8.2007.   Hence this appeal.

8. We have heard detailed arguments on both sides and we are of the

opinion that judgment of the High Court cannot be sustained so far as it has

quashed the complaint and proceedings against Ranjit Satardekar, but it has

to be sustained so far as it relates to Vijaya Satardekar.  

9. Shri  Mukul  Rohatgi,  learned  senior  counsel  for  the  appellant  has

submitted that in the impugned judgment the learned Single Judge of the

High Court largely relied on the evidence proceedings in Civil Suit (No.97

of 2004, New No.101 of 2004).  The complainant was the plaintiff No.1 in

the said Civil Suit which has been decreed on 30.12.2006.  Shri Rohatgi has

submitted that the High Court should not have relied on the evidence in the

aforesaid Civil Suit for the purpose of quashing the criminal case.  On the

other  hand Shri  U.U.Lalit,  learned senior  counsel  for  the respondent  has

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submitted that the said evidence could have been relied upon on the facts of

this case for quashing the criminal proceedings.

10. Before dealing with these submissions we may point out that while

there were certain rulings of two-Judge Benches of this Court, which had

held that the findings in a Civil Suit are binding in a criminal case on the

same facts but not vice versa, this view appears to have been watered down

somewhat in the subsequent decisions of the larger Benches of this Court

e.g.  the decision of the Constitution Bench of this  Court  in  Iqbal  Singh

Marwah and Anr. vs.  Meenakshi Marwah and Anr. 2005(4) SCC 370

(vide para 32) [JT 2005(3)SC 195] as well as the decision of the three-Judge

Bench in  K.G. Premshanker vs.  Inspector of  Police  and Anr. 2002(8)

SCC 87 (vide para 30 to 33).   

11. The law as to when criminal proceedings can be quashed by the High

Court in exercise of powers under Section 482 Cr.P.C or Article 226 of the

Constitution has been laid down by this Court  in  State of Haryana and

Ors. vs. Bhajan Lal and Ors. 1992 Supp.(1) SCC 335 (vide para 102 and

103) [JT 1990(4) SC 650].  This decision has been followed subsequently

by  a  series  of  decisions  e.g.  Pepsi  Foods  Ltd.  and  Anr. vs.  Special

Judicial  Magistrate  and Ors. 1998(5)  SCC 749 [JT 1997 (8)  SC 705],

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Minu Kumari and Anr. vs. State of Bihar and Ors. 2006(4) SCC 359 [JT

2006(4) SC 569], etc.      

12. Shri  Rohatgi  submitted that  on a perusal  of the FIR in  this case it

cannot be said that treating the allegations therein to be correct no prima

facie offence is  made out  against  Ranjit  Satardekar.    We have carefully

perused the FIR and we agree with the submission of Shri Rohatgi.  The

allegations  in  the  FIR if  treated  to  be  correct  prima  facie  make  out  an

offence  against  the  respondent,  Ranjit  Sataredkar.   Shri  Lalit,  learned

counsel  for  Ranjit  Satardekar,  however,  submitted  that  in  Bhajan  Lal’s

case (supra) itself the seventh ground given therein in para 102 of the said

decision applies to the facts of this case.  The seventh ground which entitles

the High Court to quash the criminal proceedings is stated in Bhanjan Lal’s

case (supra) as follows :

“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.”

13. Shri  Lalit  submitted  that  the  proceedings  against  Ranjit  Satardekar

were mala fide as is evident from the evidence of Dhananjay Narvekar in

the Civil Suit where he has stated that he has received some money from

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Ranjit Satardekar.  According to Shri Lalit this proves that the sale deed of

1991 was in the knowledge of the complainant throughout.   

14. We have perused the evidence of Dhananjay Narvekar in the Civil

Suit and we have also perused the judgment in the Civil Suit, against which

we  are  informed  an  appeal  is  pending.   The  evidence  of  Dhananjay

Narvekar is a very detailed one and some contradictory statements appear to

have  been  be  given  by  him  e.g.  that  the  amount  was  paid  by  Ranjit

Satardekar as a loan, and this contradicts the version that the money was

paid as a sale consideration.  In the judgment of the Civil Court it has been

held that undue influence cannot be ruled out.   In these circumstances it

cannot be said that at this stage the proceedings in the criminal case were

totally mala fide and with ulterior motive.

15. It  may  be  mentioned  that  the  pleas  which  the  respondent  Ranjit

Satardekar took before the High Court could be taken by him at the time of

the trial, and it would not be proper to pre-empt the criminal proceeding at

this stage.  Serious allegations have been made against him in the FIR.  The

relation of a lawyer and his client is like a fiduciary relationship, and the

lawyer has to act in the interest of his client.  However, it is alleged in the

FIR that Ranjit Satardekar deceived the complainant and her husband in the

manner aforesaid.  These are matters which the trial court in the criminal

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case should look into, and we are not expressing any opinion either way on

this question.  However, we are of the opinion that this was not a fit case for

quashing of the criminal proceedings Ranjit  Satardekar in exercise of the

powers under Section 482 Cr.P.C or Article 226 of the Constitution.    

16. Shri Mukul Rohatgi submitted that at the time of the framing of the

charges only the material produced by the prosecution side can be looked

into by the Court but the material produced by the defence cannot be looked

into.   He  has  placed  reliance  on  several  decisions  of  this  Court  in  this

connection e.g.  State of Orissa vs.  Debendra Nath Padhi 2005(1) SCC

568.

17. We have carefully perused the decision of this Court in the State of

Orissa vs.  Debendra  Nath Padhi (supra).   Though  the  observations  in

paragraph 16 of the said decision seems to support the view canvassed by

by Shri Rohatgi, it may be also pointed out that in paragraph 29 of the same

decision it has been observed that the width of the powers of the High Court

under Section 482 of Cr.P.C and Article 226 of the Constitution is unlimited

whereunder in the interests of justice the High Court can make such orders

as  may  be  necessary  to  prevent  abuse  of  the  process  of  the  court  or

otherwise to secure the ends of justice within the parameters laid down in

Bhajan Lal’s case (supra).  Thus we have to reconcile paragraphs 16 and 23

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of the decision in State of Orissa vs.  Debendra Nath Padhi (supra).  We

should also keep in mind that it is well settled that a judgment of the Court

has not to be treated as a Euclid formula vide  Dr. Rajbir Singh Dalal vs.

Chaudhari  Devi  Lal  University,  Sirsa & Anr. JT 2008(8)  SC 621.  As

observed by this Court in Bharat Petroleum Corporation Ltd. & Anr. vs.

N.R. Vairamani & Anr AIR 2004 SC 4778, observations  of  Courts  are

neither to be read as Euclid’s formula nor as provisions of the statute.  Thus

in our opinion while it  is  true that  ordinarily defence material  cannot be

looked  into  by  the  Court  while  framing  of  the  charge  in  view of  D.N.

Padhi’s  case (supra),  there may be some very rare and exceptional  cases

where  some  defence  material  when  shown  to  the  trial  court  would

convincingly demonstrate that the prosecution version is totally absurd or

preposterous, and in such very rare cases the defence material can be looked

into by the Court at the time of framing of the charges or taking cognizance.

18. In our opinion, therefore, it cannot be said as an absolute proposition

that under no circumstances can the Court look into the material produced

by the defence at the time of framing of the charges, though this should be

done  in  very  rare  cases,  i.e.  where  the  defence  produces  some material

which convincingly demonstrates that the whole prosecution case is totally

absurd or totally concocted.  We agree with Shri Lalit that in some very rare

cases  the  Court  is  justified  in  looking into  the  material  produced  by the

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defence at the time of framing of the charges, if such material convincingly

establishes  that  the  whole  prosecution  version  is  totally  absurd,

preposterous or concocted.    

19. However, in this case it cannot be said that the evidence in the Civil

Suit which was produced by the defence before the trial court established

convincingly that the prosecution case is totally absurd or preposterous.  In

our opinion this is a matter which has to be looked into by the trial Court.  

20. In  Dr. Monica Kumar & Anr. vs.  State of U.P. & Ors.  2008(9)

Scale 166 this Court referred to various decisions on the point of quashing

the criminal proceedings against the accused.  In this decision this Court

quashed  the  criminal  proceedings  against  the  accused,  though  on  the

allegations  in  the  F.I.R.  prima  facie  an  offence  was  made  out.   Thus

quashing  of  the  criminal  case  was  done  considering  all  the  facts  and

circumstances of the case.  No doubt, in this decision the Court has relied on

Article 142 of the Constitution, but in our opinion the result  would have

been the same irrespective of Article 142.

21. Thus we allow the criminal appeal in which Ranjit Satardekar is the

respondent and we set aside the judgment of the High Court in respect of

Ranjit Sataredkar and direct that the criminal proceedings against him will

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go on in the trial Court.  However, the trial Court will not be influenced by

any observations made in this judgment.   

22. As regards the other criminal appeal in which Smt. Vijaya Satardekar,

wife of Ranjit Satardekar, is the respondent, we are of the opinion that there

is no material whatsoever either mentioned in the FIR or produced by the

prosecution to show that Vijaya Satardekar was in any way involved in the

alleged criminal offence committed by her husband Ranjit Satardekar.  The

only allegation against her is that the sale deed was in her favour.  In our

opinion this  does  not  prima facie  make out  any offence.  In our opinion,

therefore,  the  criminal  proceeding  against  Vijaya  Satardekar  was  rightly

quashed  by  the  High  Court  and  the  criminal  appeal  in  which  Vijaya

Satardekar is respondent is dismissed.

23. There shall be no order as to costs.

……………………….J. (Markandey Katju)

New Delhi; October 03, 2008

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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1576-1577 OF 2008 (@ Special Leave Petition (Crl)Nos.7387-7388 of 2007)

Rukmini Narvekar      … Appellant

Vs.

Vijay Satardekar and ors.       …Respondents

J U D G M E N T

ALTAMAS KABIR,J.

1. I have carefully gone through the draft judgment prepared by my learned Brother and though I agree with his interpretation of the provisions of Section 227 of the Code of Criminal Procedure, hereinafter referred to as “Cr.P.C.” and wish to express my own views in the matter. Section 227 Cr.P.C., which is in Chapter XVIII of the Code, which deals with trials before a Court of Sessions, relates to the opening stages of a trial at the time of framing of charge against the accused which is done under Section 228.  Section 227 which is relevant for our purpose provides as follows:

“227. Discharge- If, upon consideration of the record of the case and the documents submitted therewith, and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.”  

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2. The aforesaid provision has fallen for consideration of this Court in several cases on the question as to whether at the stage of framing of charge, the Court in seisin session of the matter is required to consider any material, other than that indicated in the Section.

3. In the three-Judge Bench decision of this Court in State of Orissa vs Debendra Nath Padhi [(2005) 1 SCC 568], to which my learned Brother has also referred, it has been mentioned as to how the matter came to be referred to the larger Bench. Till 1996, the consistent view which had been taken by this Court is that at the time of framing of charge the trial court can consider only such material as are placed by the investigating agency having regard to the very language of Section 227.  At that stage, the defence could only be heard but could not be given an opportunity to produce evidence for the consideration of the Court. However, a different view was expressed by a two-Judge Bench of this Court in Satish Mehra vs. Delhi Administration [(1996) 9 SCC 766. The learned Judges observed that if the accused were able to produce any reliable material at the stage of taking cognizance or framing of charge which might fatally affect the very sustainability of the case, it  is unjust to suggest that no such material should be looked into by the Court at that stage. It was, therefore,  held that the trial court would be within its power to consider even material which the accused may produce at the stage contemplated in Section 227 of the Code. It was because of a discordant note being struck to an otherwise established principle in the Satish Mehra case (supra) that in Debendra Nath Padhi’s case (supra) an order was passed referring the said question to a larger Bench and the same was taken up for consideration in the said case itself by a three-Judge Bench.

4. While referring to Sections 227 and 228 Cr.P.C. relating to Sessions triable cases, the three-Judge Bench also considered the provisions of Sections 239 and 240 Cr.P.C. relating to trial of warrant cases by Magistrates, which are almost identical to Sections 227 and 228 Cr.P.C. The decision rendered in Debendra Nath Padhi’s case (supra) makes it very clear that the dominant issue being dealt with in the case was with regard to the right enjoyed by an accused to produce evidence for the consideration of the Court at the stage of framing of charge.

5. Interpreting the expression “the record of the case” and the word “case” used in Section 227 of the Code, the learned Judges held that the said expressions clearly meant the records and the documents or articles produced with it, as indicated in Section 227 Cr.P.C.  It was observed that no provision in the Code gives the accused the right to file any material or document at the stage of framing of charge. The right is only granted at the stage of the trial.

6. The learned Judge then went on to examine the earlier cases where the common view taken was that at the stage of Sections 227 and 228 of the Code  all that the

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Court is required to see is whether there is sufficient ground for conviction of the accused  or whether the trial is sure to end in his conviction. The learned Judge while considering the other decision also referred to the decision of this Court in State Anti-Corruption Bureau vs. P. Suryaprakasan [(1999) SCC(Cri)373], wherein it was explained that at the time of framing of charge, the trial court is required to and can only consider the Police report referred to in Section 173 of the Code and the documents sent with it. It was emphasised that the only right available to the accused at that stage was that of being heard and nothing beyond that.

7. In order to identify the parameters of the questions referred to it, the larger Bench observed that in the case before it the question involved was not about the jurisdiction under Section 482 of the Code where along with the petition the accused may file  unimpeachable evidence of sterling quality and on that basis seek quashing, but  it is about the right claimed by the accused to produce material at the stage of framing charge.  The larger Bench was, therefore, fully conscious of the limits within which it was required to confine its views and the judgment was rendered in that context. The same will be evident from the opening paragraph of the judgment.  While deciding the questions referred to it, the larger Bench made a conscious distinction between a proceeding under Section 227 Cr.P.C. before the trial court and a proceeding under Section 482 Cr.P.C.  and made a reference to the Court’s power to consider material other than  those  produced  by   the  prosecution in a proceeding under Section 482 Cr.P.C. It is in that context that while holding that the decision rendered in Satish Mehra’s case (supra) was erroneous, the larger Bench held  that if the submission that the accused would be entitled to produce materials and documents in proof of his innocence at the stage of framing of charge, was to be accepted, it would be unsettling a law well settled over a hundred years.  It is in that light  that the provisions of Section 227 Cr.P.C. would have to be understood  and that it only means hearing the submissions of the accused on the records of the case filed by the prosecution and documents submitted therewith and nothing more. The larger Bench arrived ata definite conclusion that the expression “hearing the submissions of the accused” cannot mean an opportunity to file material to be granted to the accused and thereby changing  the settled law. At the stage of framing of charge hearing the submissions of the accused has to be confined to the material produced by the police.

8. The larger Bench did not leave any scope for a different interpretation of the provisions of Section 227  as is now being made. Incidentally, the very same arguments  which have been advanced by Mr. Lalit before us on behalf of the accused,  were also advanced by learned counsel before the larger Bench and the same were negated as far as Section 227 Cr.P.C. is concerned.  However, in paragraphs 21 and 29 of the judgment the larger Bench did indicate that the width of the powers of the High Court under Section 482 Cr.P.C.  and Article 226 of the Constitution is  unlimited whereunder in the interest of justice the High Court

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could make such order as may be required to  secure the ends of justice and to prevent abuse of the process of any court.

9. In my view, therefore, there is no scope for the accused to produce any evidence in support of the submissions made on his behalf at the stage of framing of charge and only such material as are indicated in Section 227 Cr.P.C. can be taken into consideration by the learned magistrate at that stage. However, in a proceeding taken therefrom under Section 482 Cr.P.C. the Court is free to consider material that may be produced on behalf of the accused to arrive at a decision whether the charge as framed could be maintained. This, in my view, appears to be the intention of the legislature in wording Sections 227 and 228 the way in which they have been worded and as explained in Debendra Nath Padhi’s case (supra) by the larger Bench to which the very same question had been referred.

10. However, as indicated by my learned Brother, the complaint made does make out a prima facie case against accused Ranjit  Satardekar and the cognizance  taken by the learned magistrate cannot be faulted and the  appeal as far as he is concerned, must be allowed. However, even prima facie, none of the offences referred to in the charge-sheet can be made out against accused Vijaya Satardekar and she has been roped in only with the aid of Section 120B which is also not substantiated. The appeal as far as she is concerned, must be dismissed.

11. The appeal is disposed of accordingly.

_____________J.

(ALTAMAS KABIR)

New Delhi

Dated:03.10.2008

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