Case Note & Summary
The Supreme Court allowed appeals filed by the Central Bureau of Investigation (CBI) against a common judgment and order of the Punjab and Haryana High Court at Chandigarh. The High Court had, in exercise of its powers under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), quashed the criminal proceedings arising from FIR No. RC0512020S0001 dated 29.04.2020 registered at Police Station State Crime Branch, Chandigarh under Sections 452, 323, 365, 342, 186, 225, 506 and 120-B of the Indian Penal Code, 1860 (IPC), as well as all subsequent proceedings. The FIR was originally registered as FIR No.195 dated 30.08.2014 at Police Station Phase-1, Mohali, and later investigation was handed over to the CBI pursuant to High Court directions. The CBI filed a chargesheet against accused Aryan Singh and Gautam Cheema. Both accused filed discharge applications before the Trial Court, which were dismissed on merits. Thereafter, the accused filed petitions under Section 482 CrPC before the High Court, which quashed the entire criminal proceedings, observing that the allegations/charges against the accused had not been proved and that the prosecution was malicious. The CBI appealed to the Supreme Court. The Supreme Court held that the High Court exceeded its jurisdiction under Section 482 CrPC by conducting a mini trial and making observations on the merits of the case at the pre-trial stage. The Court emphasized that charges are required to be proved during trial based on evidence led, and the High Court ought not to have considered that the charges were not proved while deciding quashing petitions against the order refusing discharge. The Supreme Court set aside the impugned judgment and order of the High Court and restored the criminal proceedings, directing the Trial Court to proceed with the trial in accordance with law.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Scope of Power - High Court quashed entire criminal proceedings under Section 482 CrPC observing that allegations/charges against accused have not been proved and prosecution is malicious - Held that at the stage of deciding quashing petitions against order refusing discharge, High Court ought not to have considered that charges are not proved; charges are required to be proved during trial on basis of evidence led - High Court exceeded its jurisdiction by conducting a mini trial (Paras 2.3-2.4) B) Criminal Procedure Code - Discharge - Section 227 CrPC - Standard for Discharge - Trial Court dismissed discharge applications of accused on merits - High Court in exercise of Section 482 CrPC quashed entire proceedings - Held that High Court cannot substitute its view for that of Trial Court on merits at pre-trial stage without considering whether there is sufficient ground for proceeding against accused (Paras 2.2-2.4)
Issue of Consideration
Whether the High Court exceeded its jurisdiction under Section 482 CrPC by quashing criminal proceedings on the ground that charges were not proved, effectively conducting a mini trial
Final Decision
Supreme Court allowed the appeals, set aside the impugned judgment and order of the High Court, and restored the criminal proceedings. The Trial Court was directed to proceed with the trial in accordance with law.
Law Points
- Section 482 CrPC cannot be used to conduct a mini trial
- charges must be proved during trial based on evidence
- High Court exceeded jurisdiction by quashing proceedings on merits at discharge stage
