Case Note & Summary
The Supreme Court allowed the appeal filed by Sanjai Tiwari, an accused in a corruption case, challenging the order of the Allahabad High Court dated 09.09.2020. The High Court had directed the trial court to expedite and conclude Special Trial No.520/2020 on a day-to-day basis, pursuant to an application under Section 482 CrPC filed by respondent No.2, who described himself as a social activist and advocate. The appellant argued that respondent No.2 had no locus standi to file such an application, and that the High Court passed the order without issuing notice to him. The Court noted that the FIR was lodged in 2006, but proceedings remained stayed by the High Court for a long period, and the charge-sheet was filed only on 23.05.2020. The Court held that while criminal trials under the Prevention of Corruption Act must be expedited, a third party unconnected with the proceedings cannot ordinarily invoke Section 482 CrPC. Relying on Janata Dal vs. H.S. Chowdhary (1993) 1 SCC 756, the Court observed that it is for the parties to the criminal case to raise questions, not third parties under the garb of public interest litigants. The Court found that respondent No.2's application lacked bona fides and set aside the High Court's order, allowing the appeal.
Headnote
A) Criminal Procedure Code - Locus Standi - Section 482 CrPC - Third Party Application - A person who is in no way connected with the criminal proceeding or criminal trial cannot ordinarily be entertained by the High Court under Section 482 CrPC - Held that respondent No.2, a social activist and advocate, had no locus to file application seeking expedited trial (Paras 11-15).
B) Prevention of Corruption Act - Expedited Trial - Day-to-Day Hearing - Offences under the Prevention of Corruption Act affect society and administration; criminal trials must be conducted and concluded at the earliest - However, direction to expedite trial must be sought by the prosecution or employer, not by a third party without bona fides (Paras 11, 15).
C) Criminal Procedure Code - Section 482 CrPC - Bona Fides - Application by a third party under Section 482 CrPC must be bona fide; in the present case, the proceeding initiated by respondent No.2 did not appear to be bona fide (Para 11).
Issue of Consideration
Whether a third party (social activist/advocate) has locus standi to file an application under Section 482 CrPC seeking direction to expedite a criminal trial in which he is not a party.
Final Decision
The Supreme Court allowed the appeal, set aside the order of the High Court dated 09.09.2020, and held that respondent No.2 had no locus standi to file the application under Section 482 CrPC.
Law Points
- Locus standi of third party under Section 482 CrPC
- Expedited trial in Prevention of Corruption Act cases
- Bona fides of application under Section 482 CrPC
Case Details
2020 LawText (SC) (12) 32
Criminal Appeal No. 869 of 2020 (Arising out of SLP(Crl.)No.5299 of 2020)
The State of Uttar Pradesh & Anr.
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Nature of Litigation
Criminal appeal against High Court order directing expedited trial in a corruption case.
Remedy Sought
Appellant sought setting aside of the High Court order dated 09.09.2020 which directed expedited trial.
Filing Reason
Appellant challenged the High Court order on the ground that respondent No.2 had no locus standi to file the application under Section 482 CrPC.
Previous Decisions
High Court of Allahabad disposed of the application under Section 482 CrPC filed by respondent No.2 directing expedited trial.
Issues
Whether a third party (social activist/advocate) has locus standi to file an application under Section 482 CrPC seeking direction to expedite a criminal trial.
Whether the High Court's order directing expedited trial was valid in the absence of notice to the accused.
Submissions/Arguments
Appellant: Respondent No.2 had no locus standi; High Court passed order without notice to appellant; delay was due to stay orders by High Court.
Respondent No.1 (State): All trials under Prevention of Corruption Act must be held on day-to-day basis; no exception to High Court order.
Respondent No.2: Did not appear or argue.
Ratio Decidendi
A third party who is in no way connected with the criminal proceeding or criminal trial cannot ordinarily be entertained by the High Court under Section 482 CrPC. It is for the parties to the criminal case to raise all questions and challenge proceedings, not for third parties under the garb of public interest litigants.
Judgment Excerpts
An application by a person who is in no way connected with the criminal proceeding or criminal trial under Section 482 Cr.P.C. cannot ordinarily be entertained by the High Court.
It is for the parties in the criminal case to raise all the questions and challenge the proceedings initiated against them at appropriate time before the proper forum and not for third parties under the garb of Public Interest Litigants.
Procedural History
FIR No.02/2006 was registered against appellant under IPC and PC Act. Appellant filed Writ Petition No.45047/2005 challenging vigilance inquiry, which was dismissed on 29.01.2020. Charge-sheet filed on 23.05.2020. Respondent No.2 filed application under Section 482 CrPC on 04.08.2020 seeking expedited trial. High Court disposed of application on 09.09.2020 directing expedited trial. Appellant filed SLP against that order, which was converted into Criminal Appeal No.869/2020.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): Section 482
- Prevention of Corruption Act, 1988: Section 13(1)(c)/(d), Section 13(2)
- Indian Penal Code, 1860 (IPC): Section 420, Section 467, Section 468, Section 471, Section 477A, Section 120B
