In a recent judgment, the Supreme Court has highlighted the misuse of the criminal justice system for vested interests and stressed the need for vigilance in such cases. The case involved the appeal of Vishal Noble Singh, the Principal of Bishop Johnson School and College, and other co-accused, including Vinod Bihari Lal, Secretary of the Diocese Education Board (DEB) under the Church of North India (CNI).

The accused were charged with fraudulent activities, including running the institution without affiliation from the Council for the Indian School Certificate Examinations (CISCE) Board, fabricating documents, and embezzling Rs. 13 crores in fees from female students. The accused sought relief through a writ petition before the Allahabad High Court, which initially granted interim protection against arrest but later dismissed the petition for want of prosecution.

Upon investigation, the accused filed applications under Section 482 before the Allahabad High Court, seeking to quash the FIR. They argued that the FIR lacked the elements of any IPC sections and was maliciously filed by the police, despite the institution's constitutional protection under Article 30.

However, the Supreme Court bench, comprising Justices B.V. Nagarathna and Augustine George Masih, carefully examined the case. The accused were alleged to have committed offenses by fabricating documents and operating the school based on forged documents since 2014. The Investigating Officer claimed to have found "sufficient evidence," leading to the filing of a charge sheet.

The court, after reviewing both the FIR and the charge sheet, found that none of the alleged offenses, such as criminal breach of trust, cheating by impersonation, cheating and dishonestly inducing delivery of property, or forgery, were made out against the accused. The bench also noted the absence of any criminal conspiracy.

Citing the principles laid out in the case of Madhavrao Jiwajirao Scindia vs. Sambhajirao Chandrojirao Angre, the Supreme Court emphasized that the criminal process should not be utilized for any oblique purpose. The court stated that at the initial stage of considering an application for quashing an FIR, the test is whether the uncontroverted allegations prima facie establish the offense.

In its observations, the Supreme Court expressed concern over the misuse of the criminal justice system in recent years for vested interests and oblique motives. The court underscored the need for vigilance and ensuring that acts adversely impacting society are curtailed promptly.

In conclusion, the Supreme Court allowed the appeal, declaring that none of the offenses alleged against the accused were made out. The court, in its judgment, sent a strong message against the misuse of the criminal justice machinery and emphasized the importance of safeguarding the integrity of the legal system.  

Case: Vishal Noble Singh v. State of Uttar Pradesh & Anr,

CRIMINAL APPEAL NO. /2024 (Arising out of SLP (Crl.) No.2389/2023).

Click to read/download judgment.