Correctness Of Witness Statements Cannot Be Decided In Section 482 CrPC Proceedings : Supreme Court

The Supreme Court observed that a High Court cannot go into the correctness or otherwise of the material placed by the prosecution in the chargesheet while considering a petition seeking quashing of criminal proceedings under Section 482 Cr.P.C.The Court would exercise its power to quash the proceedings only if it finds that taking the case at its face value, no case is made out at all, the bench of Justices B R Gavai, P S Narasimha and Prashant Kumar Mishra observed while setting aside a Karnataka High Court order that had quashed criminal proceedings against one of the accused in a murder case.The court added that scope of interference, while quashing the proceedings under Section 482 Cr.P.C. and that too for a serious offence like Section 302 of Indian Penal Code is very limited.The Supreme Court took a critical view of the High Court the High Court elaborately discussing the statements of the witnesses recorded under Section 161 of the Cr.P.C."Whether the testimony of the witnesses is trustworthy or not has to be found out from the examination-in-chief and the cross-examination of the witnesses when they stand in the box at the stage of such trial..The factors which the Court is required to take into consideration, while quashing the proceedings under Section 482 CrPC and while considering an application for discharge are totally different", it said.In this case, the court noted that the High Court conducted a mini trial and quashed the proceedings. The bench, allowing the appeal, remitted back the case to trial court for trial.Manik B vs Kadapala Sreyes Reddy | 2023 LiveLaw (SC) 642 | SLP(Crl) 2924 of 2023Code of Criminal Procedure, 1973 ; Section 482 - At the stage of deciding an application under Section 482 Cr.P.C., it is not permissible for the High Court to go into the correctness or otherwise of the material placed by the prosecution in the chargesheet - The Court would exercise its power to quash the proceedings only if it finds that taking the case at its face value, no case is made out at all - The factors which the Court is required to take into consideration, while quashing the proceedings under Section 482 CrPC and while considering an application for discharge are totally different - Whether the testimony of the witnesses is trustworthy or not has to be found out from the examination-in-chief and the cross-examination of the witnesses when they stand in the box at the stage of such trial - Such an exercise, in our considered view, is not permissible while exercising the jurisdiction under Section 482 Cr.P.C. (Para 3-9)Click Here To Read/Download Order

Correctness Of Witness Statements Cannot Be Decided In Section 482 CrPC Proceedings : Supreme Court

Ashok KM

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