Bench comprising of Justice Ajay Rastogi and Bela M. Trivedi were not inclined to agree that the complaint has been filed against appellant-accused after 8 years, in theft of a bus.
Calcutta High Court in its order had refused to quash chargesheet against the Madhu Pandit Dasa (appellant-accused), chairperson ISKON Bengluru for offences under
Madhu Pandit Dasa, is the chairperson ISKCON Bengaluru and a Padma Shri awardee, is the main accused against whom no material evidence has been recovered.
Apex Court condemn the act of invetigating officer for the charges forgery and criminal breach of trust and observed;
"In any case, there is nothing to suggest from the other documents on record of the instant appeals that the investigating officer had even bothered to collect any cogent or substantive evidence against the appellants to prosecute them for the alleged offences. There was no expert opinion obtained or scientific evidence collected on the documents allegedly forged to show as to by whom, when and how the theft of vehicle and forgery of documents were committed. Under the circumstances, allowing such prosecution to continue would not only be an empty formality but would be gross wastage of court’s precious time."
Apex Court imposes the cost of Rs. 1 lakh on ISKON Kolkata for misusing and abusing the power of law for personan enmity, and to settle person score.
Everyone who encourages such frivolous litigation must learn that the Court’s are not living in a fool’s paradise.
The Apex Court quashed the criminal proceeding and imposed the cost of Rs. 1 lakh, which was directed to be deposited with the Supreme Court Advocates-on-Record Association (SCAORA).
Case Title : Chanchalpati Das vs The State of West Bengal and anr
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