Back
SUPREME COURT OF INDIA
ABHAY S. OKA, PANKAJ MITHAL, JJ.
Shiv Kumar Sharma – Appellant
Versus
The State of Madhya Pradesh and Others – Respondents
Criminal Appeal No. 3347 of 2023 [Arising Out of S.L.P. (Crl.) No. 9667 of 2023]
Decided On : 30-10-2023
| Table of Content |
|---|
| 1. high court's jurisdiction and merits consideration (Para 1 , 2 , 3) |
| 2. observations regarding merits not considered (Para 4) |
| 3. restoration of the high court petition (Para 5) |
| 4. order of extension and conclusion of appeal (Para 6 , 7 , 8 , 9) |
ORDER :
1. Leave granted.
2. Heard the learned senior counsel appearing for the parties.
3. The prayer made by the appellant before the High Court in a petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) was for quashing the First Information Report. By the impugned order, the High Court has rejected the said petition without going into the merits of the case made out by the appellant. Strangely, the High Court has observed that the Investigating Officer will give opportunity to the appellant to explain the material collected against him during the investigation before submission of the final report under Section 173 of Cr.P.C. To say the least, such approach is very strange and contrary to law.
4. In any case, the appellant's case on merits has not been considered by the High Court.
5. Hence, by setting aside the impugned judgment and order dated 12th April, 2023, we restore Miscellaneous Criminal Case No. 13012 of 2023 before the High Court.
6. We direct the Registrar (Judicial) of the Madhya Pradesh High Court to list the restored petition before the roster Bench on 8th December, 2023 in the morning. The parties shall appear before the roster Bench on that day.
7. To enable the High Court to consider the case on merits, we extend the interim relief granted by this Court on 18th August, 2023 till 8th January, 2024 with a liberty to the appellant to apply to the High Court for continuation of interim relief in the event the remanded case is not decided till 8th January, 2024. The High Court will decide the case of the petitioner on merits without being influenced by the interim relief granted by this Court.
8. All contentions are left open, to be considered by the High Court.
9. The appeal is accordingly allowed on the above terms.
The Supreme Court emphasized that a High Court must consider the merits of a petition when quashing an FIR, rather than dismiss it without analysis.
The High Court must address the merits of a writ petition rather than dismissing it based on procedural developments such as arrest.
It surprises us in the extreme that the High Court thought that in the exercise of its inherent powers under Section 482 of the Code of Criminal Procedure, it could quash a first information report. ....
The High Court must consider the merits of an application under Section 482 of the CrPC before dismissing it, ensuring all contentions are open for decision.
Points of laws : Section 482 of Code of Criminal Procedure for quashing an investigation, restrained investigating agency from arresting accused persons during investigation.
The court granted the relief of interim bail based on the completion of custodial interrogation and the peculiar facts of the case, including the appellant being a lady.
(1) Power of quashing should be exercised sparingly with circumspection. While examining an FIR/complaint, quashing of which is sought, court cannot embark upon an enquiry as to reliability or genuin....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
