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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Amaninder Singh @ Maninder Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
The prayer in the petition under Section 482 Cr.PC is for quashing of the case FIR No.22 dated 19.01.2012 under Sections 353, 186, 420, 149 IPC and Sections 42 & 45 of Jail Act, registered at Police Station Kotwali Faridkot, District Faridkot (Annexure P-1) and all consequential proceedings arising therefrom qua the petitioner.2. The brief facts of the case are that FIR No.25 dated 06.05.2011 under Sections 392, 397, 307, 342, 332, 353, 485, 186 read with Section 34 IPC and Section 27 of the Arms Act, P.S. Bahakhana was registered against three persons including the petitioner on 06.05.2011 and they were all confined in the Faridkot Jail.
3. While the petitioner was in custody in the above case an FIR No.22 dated 19.01.2012 under Sections 353, 186, 420, 149 IPC and Sections 42, 45 Jail Act, P.S. City Faridkot, District Faridkot was registered against 07 accused including the petitioner for an alleged incident of 10.01.2012 for being in possession of a mobile phone while in custody. The copy of the FIR is attached as Annexure P-1.
4. The petitioner alongwith his co-accused came to be convicted and sentenced to 07 years imprisonment in the trial emanating
The court affirmed that the inherent powers under Section 482 of the CrPC should be exercised sparingly, emphasizing that acquittal of a co-accused does not automatically warrant quashing proceedings....
The acquittal of co-accused does not automatically warrant quashing of charges against an absconding accused; trials may proceed if evidence against absconders remains.
The acquittal of co-accused does not bar the prosecution of other accused who have not faced trial, and each case must be decided on its own evidence.
Proceedings may be quashed under Section 482 Cr.P.C. when prosecution witnesses turn hostile and there’s insufficient evidence, indicating a lack of prospect for conviction.
The acquittal of a co-accused does not automatically entitle other accused to quash proceedings; each case must be evaluated on its own merits.
Point of law: Quash of criminal proceedings – Dismissed - Judgment of acquittal is not admissible under Sections 40 to 43 of the Evidence Act and the benefit cannot be extended.
Confessions of co-accused alone are insufficient for conviction; substantive evidence is necessary for criminal charges to proceed.
Inherent power given to High Court under Section 482 CrPC is with purpose and object of advancement of justice.
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