IMPORTANT POINT
At the stage of discharge and/or quashing of criminal proceedings, while exercising powers under Section 482 Cr.P.C., Court is not required to conduct mini trial – Charges are required to be proved during trial on the basis of evidence led by prosecution / investigating agency.

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Misc. Application Nos. 54107 of 2021 and 8233 of 2022 by which the High Court, in exercise of the powers under Section 482 Cr.P.C., has quashed the criminal proceedings of the FIR No. RC0512020S0001 dated 29.04.2020 registered at Police Station State Grime Branch, Chandigarh under Sections 452, 323, 365, 342, 186, 225, 506 and 120-B IPC (earlier registered as FIR No.195 dated 30.08.2014 under Sections 452, 323, 365, 342, 225, 186, 506, 120-B IPC at Police Station Phase-1, Mohali) as well as all the subsequent proceedings arising out of the same, the Central Bureau of Investigation (CBI) has preferred the present appeals.

2. Shri K.M. Nataraj, learned ASG appearing on behalf of the CBI has vehemently submitted that pursuant to the directions issued by the Hon’ble High Court, investigation of the aforesaid was handed over to the CBI, pursuant to which the FIR in question was registered on 29.04.2020 at Police Station, Crime Branch, Chandigarh for the aforesaid offences.

2.1 It is submitted that initially, the accused Aryan Singh was not named in the fresh FIR. However, thereafter, after conclusion of the investigation, the chargesheet came to be filed against the said Aryan Singh also and he has been included as one of the accused.

2.2 It is submitted that thereafter both the accused Aryan Singh and Gautam Cheema filed discharge applications before the learned Trial Court, which came to be dismissed on merits. It is submitted that thereafter by the impugned judgment and order, in exercise of the powers under Section 482 Cr.P.C., the High Court has quashed the entire criminal proceedings, as if, the High Court was conducting a mini trial.

2.3 It is vehemently submitted that in the facts and circumstances of the case, the High Court has exceeded in its jurisdiction while quashing the entire criminal proceedings against the accused Aryan Singh and Gautam Cheema. It is vehemently submitted that while quashing the criminal proceedings, the High Court has observed that the allegations / charges against the accused have not been proved and that the prosecution is malicious. It is submitted that at the stage of deciding the quashing petitions against the order passed by the learned Trial Court, refusing to discharge the accused, the High Court ought not to have considered and/or observed that the charges are not proved. It is submitted that the charges are required to be proved during the trial and on the basis of the evidence led. It is further submitted that even the High Court has materially erred in observing that the prosecution is malicious. It is submitted that the investigation was handed over to the CBI, pursuant to the directions issued by the High Court and, thereafter, after conclusion of the investigation, the accused came to be chargesheeted and therefore, the initiation of the criminal proceedings / proceedings cannot be said to be malicious. It is submitted that whether any criminal proceedings is malicious, is also required to be considered at the conclusion of the trial and not at this stage, namely, at the stage of exercise of powers under Section 482 Cr.P.C.

2.4 Number of submissions have been made on merits also by Shri Nataraj, learned ASG, however, for the reasons stated hereinabove, we are inclined to set aside the impugned common judgment and order passed by the High Court by relegating the accused to face the trial and thereafter the trial is to proceed against the accused, we are not considering the submissions made on behalf of the CBI as well as on behalf of the accused on merits.

3. Present appeals are vehemently opposed by Shri R.P. Bhatt, learned senior counsel appearing on behalf of the accused Aryan Singh and Shri Mahesh Jethmalani, learned senior counsel appearing on behalf of the accused Gautam Cheema.

3.1 Both the learned counsel ap