Even If Chargesheet Is Filed During Pendency Of Petition To Quash FIR, High Court Can Examine If Offences Are Made Out : Supreme Court

Recently, the Supreme Court observed that if the charge sheet is filed against the accused during the pendency of the petition for quashing of the FIR, the High Court is not restrained from exercising its inherent jurisdiction and could still examine if offences alleged to have been committed were prima facie made out or not on the basis of the F.I.R., charge sheet and other documents. “A Coordinate Bench of this Court opined that even if the charge sheet had been filed, the Court could still examine if offences alleged to have been committed were prima facie made out or not on the basis of the F.I.R., charge sheet and other documents.”, the Bench of Justices Aniruddha Bose and Sanjay Kumar observed. Reference was made to Joseph Salvaraj A. vs. State of Gujarat & Ors. reported in 2011 (7) SCC 59 in this regard.Briefly put, the appellant-accused has filed a petition under Section 482 Cr.P.C. for quashing an FIR registered against him for the alleged commission of offences punishable under Sections 420 & 409 of the Indian Penal Code 1860. The High Court dismissed the petition as infructuous and directed the accused to surrender before the concerned court. The ground on which the High Court has dismissed the quashing plea is that the charge sheet had been submitted after filing of the quashing petition. On that basis, the High Court concluded that the criminal writ petition had become infructuous Challenging the impugned judgment of the High Court, the accused-appellant preferred a criminal appeal before the Supreme Court. At the outset, the Court after relying on its judgment in the case of Joseph Salvaraj A. vs. State of Gujarat & Ors. being squarely applicable to the present case, disagreed with the view of the High Court, and noted as follows: “We do not agree with the reasoning of the High Court for dismissing the writ petition of the appellant, having regard to the ratio of the judgment of this Court delivered on 04.07.2011 in the case of Joseph Salvaraj A. vs. State of Gujarat & Ors. reported in 2011 (7) SCC 59. That was a case arising from the quashing plea of an F.I.R., where chargesheet was submitted after institution of the petition under Section 482 of the Code of Criminal Procedure 1973. A Coordinate Bench of this Court opined that even if the charge sheet had been filed, the Court could still examine if offences alleged to have been committed were prima facie made out or not on the basis of the F.I.R., chargesheet and other documents.” Accordingly, the court allowed the appeal of the accused-appellant and directed the High Court to hear the quashing petition preferred by the accused on merit. The court also ordered the stay on the arrest of the accused till the High Court decides the petition of the accused on merit. “We, accordingly, set aside the impugned order and remand the matter to the High Court. Let the High Court hear the criminal writ petition on merit. We also direct, on the basis of materials disclosed, that the appellant shall not be arrested for the offences alleged in the said F.I.R. until the High Court decides the criminal writ petition on merit, unless a case is made out before the High Court that the appellant's detention is necessary on account of any development subsequent to filing of the chargesheet. We issue this direction in exercise of our jurisdiction under Article 142 of the Constitution of India.”Related report - HC Can Act On Section 482 Petition To Quash FIR Even If Chargesheet Has Been Filed During Its Pendency : Supreme CourtCase Details: MAMTA SHAILESH CHANDRA VERSUS STATE OF UTTARAKHAND & ORS.Citation : 2024 LiveLaw (SC) 86Click here to read the judgment

Even If Chargesheet Is Filed During Pendency Of Petition To Quash FIR, High Court Can Examine If Offences Are Made Out : Supreme Court

Yash Mittal

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