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2017 Supreme(SC) 902

RANJAN GOGOI, L.NAGESWARA RAO, NAVIN SINHA
Tilly Gifford – Appellant
Versus
Michael Floyd Eshwar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Rajesh Mahale, AOR, Mr. Anirudh Sanganeria, Adv., Mr. R. D. Upadhyay, AOR, Mr. Mohd. Shahid Hussain, Advocate.
For the Respondent:Mr. Mahesh Jethmalani, Sr. Adv., Ms. Chaitra Pawar, Adv., Mr. Ravindra Keshavrao Adsure, AOR, Mr. Joseph Aristotle S., AOR, Ms. Priya Aristotle, Adv., Mr. Ashish Yadav, Adv., Ms. Romsha Raj, Adv., Mr. Ravindra Keshavrao Adsure, AOR., Mr. S. Jayarm Bhatt, Adv., Mr. Siddheshwar Biradar, Advocate.

ORDER :

SLP(Crl.) No. 3555 of 2015.

Leave granted.

2. The High Court of Karnataka by its order dated 19.06.2014 interdicted the investigation of a criminal proceeding and after a lapse of almost eleven months i.e. on 22.05.2015 made available its reasons for the impugned conclusions. The correctness of the said view has been assailed before us in the present appeal.

3. We have heard the learned counsels for the parties.

4. A perusal of the order of the High Court released on 21.05.2015 would indicate that the High Court has gone far beyond the contours of its power and jurisdiction under Section 482 Cr.P.C. to quash a criminal proceeding, the extent of such jurisdiction having been dealt with by this Court in numerous pronouncements over the last half century. Time and again, it has been emphasized by this Court that the power under Section 482 Cr.P.C. would not permit the High Court to go into disputed questions of fact or to appreciate the defence of the accused. The power to interdict a criminal proceeding at the stage of investigation is even more rare. Broadly speaking, a criminal investigation, unless tainted by clear malafides, should not be foreclosed by a Court of Law.

5. It is








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