ATIUS DCUNHA Vs. KERCI DERDI ARDESHI

JUDGEMENT

(1.) THE Petitioner No. 1 is the Bishop of this metropolis and also chief trustee of the Roman Catholic Church. The Petitioner No. 2 is the Priest and also one of the trustees of the Roman Catholic Church.

(2.) THIS petition is filed by them with a prayer for the exercise of inherent powers under Section 482 of Cr. P. C. , 1973, to pass orders as may be necessary to give them justice, to prevent the abuse of the process of the criminal proceedings in Case No. 156/1993 of the Court of the learned Chief judicial Magistrate, Aurangabad, to secure the ends of justice.

(3.) AS far back as ia the year 1935 and times without number thereafter, our then Chief Justice Sir John Bohman, Emperor v. Mrs. S. D'cunha, 37 bom. LR, 880, has given a ringing warning deploring the amount of public and public time which is wasted in this country by criminal complaints, the sole object of which is to try and improve the position of the complainant in civil litigation, is really deplorable because the sole purpose is to coerce the accused by using the criminal proceedings as a pressure of lever to submit them to a claim which is purely of a civil nature.