SUPREME COURT OF INDIA
DHANANJAYA Y. CHANDRACHUD, M.R. SHAH, JJ.
SARANYA – APPELLANT
VERSUS
BHARATHI AND ANOTHER – RESPONDENT
CRIMINAL APPEAL NO.873 OF 2021
DECIDED ON : 24-08-2021

IMPORTANT POINT
At the stage of framing of charges, Court has to consider material only with a view to find out if there is a ground for presuming that accused had committed offence.

Headnote:

Indian Penal Code, 1860 – Sections 420, 302 r/w 109 – Criminal Procedure Code, 1973 – Section 482 – Cheating, murder and abetment – At the stage of framing of charges, Court has to consider material only with a view to find out if there is a ground for presuming that accused had committed offence – At that stage, High Court is required to evaluate material and documents on record with a view to finding out if facts emerging therefrom, take at their face value, disclose existence of all ingredients constituting alleged offence or offences – At this stage High Court is not required to appreciate evidence on record and consider allegations on merits and to find out on the basis of evidence recorded accused charge-sheeted or against whom charge is framed is likely to be convicted or not – In present case, there is sufficient material on record raising strong suspicion against respondent no.1 herein-A2 also – So-called confessional statement of respondent no.1 herein is inadmissible in evidence – However, on the basis of such statement, there was recovery of Rs. 1 lakh 20 thousand from house of A2 – respondent no.1 herein – Other aspect whether recovered amount of Rs. 1 lakh 20 thousand was same amount which was given by deceased and complainant to A1 is a matter of evidence to be considered during trial – Even source of Rs. 1lakh 20 thousand might have to be explained by accused – During course of investigation, investigating officer has collected very important evidence in form of call details between A1 & A2 which are in proximity of time of commission of offence and even thereafter – When respondent no.1 herein has been charge-sheeted for offences under Sections 420, 302 r/w 109 IPC and when there is ample material to show at least a prima facie case against respondent no.1 herein-A2, High Court has committed a grave error in quashing charge-sheet/entire criminal proceedings qua her in exercise of powers under Section 482, Cr.P.C. Quashing charge-sheet against accused is not justified – High Court has evidently ignored what has emerged during course of investigation – High Court has entered into appreciation of evidence and considered whether on the basis of evidence, accused is likely to be convicted or not, which as such is not permissible at all at this stage while considering application under Section 482 Cr.P.C. – High Court was not as such conducting trial and/or was not exercising jurisdiction as an appellate court against order of conviction or acquittal – High Court ought not to have quashed charge-sheet qua respondent no.1 herein-original accused no.2 – Impugned judgment and order passed by High Court quashed. (Paras 7.1, 8, 9 and 10)

Facts of the case:

Feeling aggrieved and dissatisfied with the impugned judgment and order dated 25.08.2020 passed by the High Court of Judicature at Madras in Criminal OP No. 1443 of 2020, by which High Court in exercise of powers under Section 482 Cr.P.C. has quashed and set aside the entire criminal proceedings qua respondent no.1 herein – original accused no.2 (A2) in P.R.C. No.250 of 2019 on the file of X Metropolitan Magistrate, Egmore, Chennai, the original complainant – wife of deceased victim has preferred present appeal.

Findings of Court:

Impugned judgment and order passed by High Court quashing the charge-sheet/criminal proceedings in P.R. C. No. 250 of 2019 on the file of Metropolitan Magistrate, Egmore, Chennai for the offences under Sections 420, 302 r/w 109 IPC qua respondent no.1 herein – original accused no.2 deserves to be quashed and set aside and is accordingly quashed and set aside. Now Magistrate to proceed further with the case, in accordance with law. Any observations made by this Court in the present order shall be confined to while considering application under Section 482 Cr.P.C. and the trial in present case shall proceed further on its own merits, in accordance with law on the basis of the evidence laid.

Result : Appeal allowed.