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Checking relevance for SARANYA VS BHARATHI...
2021 1 Supreme 372 : Yes, the High Court can entertain an application under Section 482 Cr.P.C. even after the framing of charges. The legal principle established in the document is that at the stage of framing of charges, the Court (including the High Court while exercising powers under Section 482 Cr.P.C.) must consider the material on record only to determine whether there is a ground for presuming that the accused has committed the offence. The High Court is required to evaluate the material and documents on record to see if, taken at their face value, they disclose the existence of all ingredients of the alleged offence. It is not permissible at this stage for the High Court to appreciate the evidence, consider allegations on merits, or determine whether the accused is likely to be convicted. However, the fact that the High Court has the power to entertain a Section 482 Cr.P.C. application after framing of charges is implicitly confirmed by the very nature of the appeal, where the High Court''''s order quashing the charge-sheet was challenged and ultimately set aside by the Supreme Court. The Supreme Court''''s judgment affirms that the High Court''''s exercise of power under Section 482 Cr.P.C. is permissible at the stage of framing of charges, provided it does not improperly enter into the appreciation of evidence or assess the likelihood of conviction.Checking relevance for Anukul Singh VS State of Uttar Pradesh...
Checking relevance for Priti Saraf VS State of NCT of Delhi...
Checking relevance for Karnataka Emta Coal Mines Limited VS Central Bureau Of Investigation...
2024 0 Supreme(SC) 686 : Yes, the High Court can entertain Section 482 CrPC even after the framing of charges. The court has held that the power under Section 482 CrPC is not restricted to the stage of FIR or issuance of process, but extends to stages even after the charge-sheet has been filed and charges have been framed. This is because the abuse of process caused by an FIR is aggravated when it progresses to a charge-sheet, and the High Court''''s inherent power to prevent abuse of process or secure the ends of justice remains available at all stages, including after framing of charges. The court emphasized that the exercise of this power is justified when the material relied upon by the accused is of sterling and impeccable quality, rules out the assertions in the charges, and cannot be justifiably refuted, thereby preventing an abuse of the judicial process.Checking relevance for Umesh Kumar VS State of Andhra Pradesh...
2013 6 Supreme 323 : The High Court can entertain a petition under Section 482 Cr.P.C. even after the framing of charges. The order passed by the High Court is not to be treated as a final decision, as it remains subject to further orders by the trial court under Section 216 Cr.P.C. based on evidence to be led during trial. The provisions of Section 216 Cr.P.C. allow the trial court to add or alter charges at any stage before judgment, and treating the High Court''''s order as final would render these provisions otiose. Therefore, the High Court''''s order is to be read as having been passed based on material available at that stage, and the trial court retains the power to modify charges according to evidence produced during trial.Checking relevance for Sushil Suri VS C. B. I. ...
Checking relevance for Kaptan Singh VS State of Uttar Pradesh...
2021 5 Supreme 525 : Yes, the High Court can entertain a petition under Section 482 Cr.P.C. even after the framing of charges, but it must not go into the merits of the case or appreciate evidence. Once the charge-sheet is filed and the Magistrate has taken cognizance, the matter stands on a different footing, and the High Court is required to consider the material/evidence collected during investigation. However, the High Court is not permitted to enter into the merits of the allegations or act like an appellate court or trial court. The exercise of inherent jurisdiction under Section 482 Cr.P.C. is an exception and must be exercised sparingly, carefully, and with caution, only when justified by the tests laid down in the section. The High Court has exceeded its jurisdiction if it quashes proceedings by entering into the merits of the case after the charge-sheet is filed and cognizance taken.Checking relevance for Rajesh Kumar Giri VS State Of U. P. ...
Checking relevance for Bhuwan Yadav @ Bhanu VS State GNCT of Delhi...
Checking relevance for Kumud Chawla VS State Of NCT Of Delhi...
2022 0 Supreme(Del) 1728 : Yes, the High Court can entertain a petition under Section 482 Cr.P.C. even after the framing of charges. The law is well settled that although it is open to a High Court entertaining a petition under Section 482 Cr.P.C. or a revision application under Section 397 Cr.P.C. to quash the charges framed by the trial court, such interference is permissible only in exceptional cases and on rare occasions. The High Court should not interfere unless there are strong reasons to hold that in the interest of justice and to avoid abuse of the process of the Court, a charge framed against the accused needs to be quashed. The Court must be cautious and exercise its inherent powers sparingly, particularly when the trial court has already framed charges based on sufficient grounds. The High Court''''s role is not to weigh the correctness or sufficiency of the evidence, but to determine whether, if the entire evidence produced by the prosecution is believed, it would constitute an offence. The framing of charge is not a stage where the final test of guilt is applied, and the Court must not interfere unnecessarily once charges have been framed.
