Ajay Agarwal vs State Of Uttar Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 1420

ABHAY S. OKA, K. V. VISWANATHAN
Ajay Agarwal – Appellant
Versus
State Of Uttar Pradesh – Respondent

Table of Content
1. quashing charge-sheet under cr.p.c. (Para 3)
2. high court's dismissal without merits consideration. (Para 4)
3. restoration of petition for proper merits examination. (Para 5)
4. all questions left open for high court. (Para 6)
5. appeal partly allowed. (Para 9)

ORDER :

1. Leave granted.

2. Heard learned counsel appearing for the parties.

3. The appellant filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.') for quashing charge-sheet filed under Sections 430 , 467, 468, 471, 352, 504, 506 of the INDIAN PENAL CODE , 1860.

4. By the impugned order, the High Court has dismissed the petition without considering the merits of the case made out in the petition under Section 482 of the Cr.P.C. The High Court has simply observed that the appellant can raise all contentions while arguing discharge application. This Court has repeatedly held that the scope of inquiry in discharge application is limited and no document which is not a part of the charge-sheet can be considered at that stage.

5. As the High Court has not considered the case of the appellant on merits, we set aside the impugned order dated 20th August, 2024 and restore

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