7. It is no doubt correct that the judgment and order dated 10.02.2020 passed by this Court in Criminal Appeal No. 249 of 2020 has held that the findings recorded in the civil proceedings make substratum of a criminal complaint vanish and thus, any pending criminal proceedings against such persons are liable to be quashed and allowing prosecution in such a situation would amount to complete abuse of proceedings of law.
8. It goes without saying that the law laid down by this Court is binding on all under Article 141 of the Constitution of India but before applying the law, the court where the proceedings are pending is required to test the applicability of the law declared by this Court on the basis of the facts of a particular case.
9. Such a blanket declaration sought by the applicant by way of clarification of an order by way of intervention in proceedings to which he is totally alien is not liable to be allowed. It goes without saying that facts and circumstances of a particular case are required to be tested to find out whether the law declared by this Court is applicable to the said facts or not. We have no reason to doubt that the courts will not follow the binding law declared by this Court in case it is found that the same is applicable to the facts of a particular case.
PARTY: Mukul Agarwal & Ors vs. State of Uttar Pradesh & Anr Miscellaneous Application No. 531 of 2023 With Interlocutory Application No. 69324, 69326 & 69341 of 2023 in Criminal Appeal No. 249 of 2020 – APRIL 26, 2023.
https://main.sci.gov.in/supremecourt/2023/14114/14114_2023_13_1502_44023_Judgement_26-Apr-2023.pdf
