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B. R. GAVAI, PAMIDIGHANTAM SRI NARASIMHA, PRASHANT KUMAR MISHRA
Manik B. – Appellant
Versus
Kadapala Sreyes Reddy – Respondent
| Table of Content |
|---|
| 1. proper considerations for quashing under cr.p.c. (Para 2 , 3 , 4) |
| 2. witness testimony evaluation process (Para 5 , 6 , 9) |
| 3. limited scope of high court's jurisdiction (Para 7 , 8 , 10) |
| 4. remitting case back for trial (Para 11 , 12) |
ORDER :
1. Leave granted.
2. Though, we have heard learned counsel for the parties at length, we have not gone into the merits of the arguments, inasmuch as any observation made by this Court with regard to the impugned order will adversely affect the rights of the parties at the stage of the trial.
3. The factors which the Court is required to take into consideration, while quashing the proceedings under Section 482 of the Code of Criminal Procedure, 1973 (in short “Cr.P.C.”) and while considering an application for discharge are totally different.
4. The least we can say is that the High Court in the impugned order, while exercising jurisdiction under Section 482 Cr.P.C. has almost conducted a mini trial and quashed the proceedings.
5. Learned Single Judge of the High Court has elaborately discussed the statements of the witnesses recorded under Section 161 of the Cr.P.C.
6. Whether the testimony of the witnesses is trustworthy or not
Courts should exercise quashing powers sparingly and allow reasonable time for investigation before considering quashing criminal proceedings.
Scope of inquiry in discharge application is limited and no document which is not a part of charge-sheet can be considered at that stage.
Inherent Jurisdiction – While bar under Section 397(3) of Cr.P.C. does not curtail remedy under Section 482 of Cr.P.C., inherent powers must be exercised sparingly.
High Court exceeded jurisdiction by quashing proceedings without establishing no prima facie case against the accused.
The central legal point established in the judgment is the limitation of exercising powers under section 482 of Cr.P.C. to quash entire criminal proceedings in the absence of extraordinary situations....
The wide ambit of the inherent power of the High Court to prevent an abuse of the process of any court or to secure the ends of justice, and the importance of evaluating the nature and gravity of the....
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