If the controversy between the parties is decided solely on the grounds mentioned above, it is likely to give rise to multiplicity of the litigation. So in this view of the matter, it would be appropriate to settle the dispute finally.

 If the controversy between the parties is decided solely on the grounds mentioned above, it is likely to give rise to multiplicity of the litigation. So in this view of the matter, it would be appropriate to settle the dispute finally. The provision of section 476 Cr.P.C. is enacted with an object to ensure that the course of justice must not become polluted with impurities. Through this provision, a procedure is provided to check certain offences, affecting the administration of justice. To be more precise, it provides a procedure of trial relating to certain classes of offences mentioned in section 195 (1) Clause (b) or (c) of Cr.P.C., if committed in relation to a proceeding in any Civil, Revenue or Criminal Court. However, before proceeding under section 476 Cr.P.C, the Courts are obliged to see that from the contents of the complaint, if presented, some offence mentioned in section 195(1)(b)(c) of Cr.P.C. is made out. Proceedings under section 476 Cr.P.C ought not to be used by the litigants as a tool to wreak private vengeance, to satisfy personal grudge or for settling the personal score. Similarly, a process is not to be issued under section 476 Cr.P.C. as a matter of routine on each and every application moved by a litigant. The court concerned is required to examine the material which is being placed before him and then to see that whether it gives rise to any of the offences, mentioned in the relevant clauses of section 195(1) of Cr.P.C. or not.

W.P. No.73916/2022
Mehmood Ahmad Versus ASJ , etc.
23-11-2022