SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2004 Supreme(Mad) 1220

High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE BILAL NAZKI, THE HONOURABLE MR. JUSTICE GODA RAGHURAM & THE HONOURABLE MR. JUSTICE P.S. NARAYANA
Girish Sarwate
Versus
The State of A.P. & Another
Criminal Petition No. 5868 of 1999
Decided on : 24-09-2004

Advocates Appeared:
For the Petitioner:Milind G. Gokhale, Advocate. For the Respondents: Public Prosecutor.

Headnote:

Section 482 Cr.P.C. - Power of High Court to Quash FIR - 482 Cr.P.C. - Summary of Acts and Sections: Section 482 Cr.P.C., Article 226 of the Constitution of India, Sections 420, 109, 114, 120B, 204, 211, and 385 IPC - The court discussed the powers of the High Court under Section 482 Cr.P.C. to quash an FIR, referencing several judgments of the Supreme Court and laying down the conditions under which the High Court can and should exercise its powers to quash proceedings.

Fact of the Case:

The matter came before the Court on reference by a Division Bench to determine whether the High Court is empowered under Section 482 of the Code of Criminal Procedure to quash an FIR. The Court discussed various judgments and legal provisions to address the question.

Finding of the Court:

The Court found that the High Court has the power to quash an FIR under Section 482 Cr.P.C., subject to limitations and conditions laid down by the Supreme Court in various judgments. It held that the law laid down in earlier cases was not good law, and the correct position of law was established in a specific judgment.

Issues: The main issue was whether the High Court is empowered under Section 482 of the Code of Criminal Procedure to quash an FIR. The Court also addressed the conflicting views in earlier judgments and the correct interpretation of the legal provisions.

Ratio Decidendi: The Court's decision was based on the interpretation of Section 482 Cr.P.C. and the principles laid down by the Supreme Court in various judgments. It emphasized the conditions under which the High Court can exercise its powers to quash proceedings, highlighting the need for circumspection and the rare instances where such powers should be used.

Final Decision: The Court answered the reference by affirming that the High Court has the power to quash an FIR under Section 482 Cr.P.C., provided the conditions laid down by the Supreme Court are satisfied.

Judgment :-

Bilal Nazki, J.

This matter has come before this Court on reference by a Division Bench of this Court. The reference of the division Bench is a result of reference by a Single Judge. The question which needs to be answered is whether the High Court is empowered under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.�) to quash the First Information Report (FIR). There are four judgments of this Court. The first one and the earliest in point of time is Hasan Ali Khan vs. State of A.P. 1992 (1) ALT 146. The second one is S. Sarat Babu Chowdary vs. Inspector of Police 1992 (3) ALT 454 (DB). The third one is Pearl Beverages Limited vs. State of A.P. 2000 (2) ALD (Crl.) 32 A.P., and the last judgment is Gudavalli Murali Krishna and Others v. Gudavalli Madhavi 2001 (1) ALD (Crl.) 689 (A.P). In Hasan Ali's case (1 supra) this Court held that powers under Section 482 Cr.P.C. can be exercised by High Court only after initiation of criminal proceedings after a charge sheet is filed and not at the stage of investigation. In Sarat Babu's case (2 supra) the Division Bench held that High Court does not possess any power to quash FIR under Section 482 Cr.P.C. In a way it reiterated the view taken in Hasan Ali's case (1 supra). This judgment further held that High Court cannot do anything under Article 226 of the Constitution of India what it cannot do under Section 482 Cr.P.C. Even, in Pearl Beverages case (3 supra) the learned Single Judge held that this Court can quash the proceedings when the case is taken cognizance by the Magistrate and at no stage there before. However, in Gudavalli Murali Krishna's case (4 supra) the learned Single Judge held that the inherent power of the High Court under Section 482 Cr.P.C can be invoked to quash the proceedings even at the threshold be it an FIR or a charge sheet. The learned Single Judge took note of earlier judgments, but opined it was not necessary to refer the matter to a Larger Bench in view of later judgments of the Supreme Court. When the judgment in Gudavalli Murali Krishna's case (4 supra) was cited before the learned single Judge, in the present case, he thought it was proper to refer to matter to a Larger Bench and he also thought that the learned Single Judge who decided Gudavalli Murali Krishna's case (4 supra) should have not decided the matter himself, rather if he had found that the earlier judgments of this Court were contrary to the judgments of the Supreme Court, he should have referred the matter to the Larger Bench. In these circumstances, a reference was made to the Division Bench and the Division Bench refereed the matter to the Full Bench, because there are earlier Division Bench judgments as well. The only question, which has to be considered by this Court is whether under Section 482 Cr.P.C, High Court is empowered to quash an FIR? We have already given reference to the judgments of this Court, which are available on the subject. Learned Counsel for the parties have drawn our attention to various judgments of the Supreme Court. R.P. Kapur v. State of Punjab AIR 1960 Supreme Court 866 is a three-Judge Bench judgment of the Supreme Court. This may be necessary to point out that in this case, the Supreme Court was dealing with an FIR. Some relevant facts, which were material in the Criminal Appeal before the Supreme Court, need to be mentioned. One M.L. Sethi lodged a First Information Report against one Mr. R.P. Kapur and alleged that he and his mother-in-law Mrs. Kaushalya Devi had committed offences under Sections 420 read with 109 IPC. 114 and 120B IPC. Mr. Kapur, found that for several months no further action was taken on the First Information Report lodged against him, he found himself, almost like under a hanging sword and therefore, filed a criminal complaint against Mr. Sethi under Sections 204, 211 and 385 IPC. Mr. Sethi moved an application praying that proceedings should be stayed as the police had not made any report on the First I




































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

AI

SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top