Application filed under sections 22-A & 22-B , Cr.P.C - Mala fide of applicant --- In the present case both the parties to the lis belonged to the legal fraternity and were contesting bar elections on yearly basis against each other -

 2024 SCMR 985
Crl.P.L.A.31-K/2022
Munawar Alam Khan v. Qurban Ali Mallano & others

Application filed under sections 22-A & 22-B , Cr.P.C - Mala fide of applicant --- In the present case both the parties to the lis belonged to the legal fraternity and were contesting bar elections on yearly basis against each other --- Animosity amongst them was an admitted fact - In earlier elections both the groups had resorted to a brawl --- Allegation levelled against the respondent ( accused ) was that on his instigation the co - accused had committed the offence --- Before the High Court , counsel for the petitioner ( applicant ) admitted that the respondent ( accused ) was not present when the occurrence took place -- Even otherwise from the comments filed by medical officer before the trial Court , it had been found that he had provided treatment to the petitioner but no medical certificate was issued in this regard on the ground that the petitioner had failed to furnish the police letter --- Common culture prevailing within our society and often chosen by the legal fraternity is to settle disputes by converting them into criminal prosecution against each other which , was ( also ) apparent on the record of the present case owing to cases running in Court inter se the parties --- After having received kicks and fists blows at the hands of the accused and co - accused persons . the petitioner had remained successful in seeking a direction for lodging an FIR from the trial Court , whereas another FIR was also lodged against the petitioner in a similar context by some Advocates of accused / respondents ' group --- Trial Court had taken into . consideration all material aspects of the matter and rightly dismissed the application under sections 22 - A ( 6 ) ( 1 ) & 22 - B . Cr.P.C. on the ground that the same was tainted with mala fide , which order was upheld by the High Court through the impugned order ---

Misuse of provisions of sections 22 - A & 22 - B , Cr.P.C.It is the prime duty of the Court that such misuse be taken care of and an application filed under 22 - A & 22 - B , Cr.P.C. should not be lightly entertained and decided in a mechanical manner for issuing direction to the police to lodge an FIR , conduct investigation in the matter and prosecute the accused .

2024 SCMR 985

Crl.P.L.A.31-K/2022

Munawar Alam Khan v. Qurban Ali Mallano & others