Section 482 CrPC: Quashing Power Should Not Be Exercised To Stifle Legitimate Prosecution : SC [Read Judgment]

The Supreme Court has reiterated that 'quashing' power under Section 482 of CrPC should not be exercised to stifle legitimate prosecution. The bench comprising Justice D Y Chandrachud and Justice Indira Banerjee upheld an order of High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh dismissing an application filed under Section 482 CrPC by a person accused of 'attempt to murder' and other offences. (Chilakamarthi Venkateswarlu vs. State of Andhra Pradesh)Taking note of the facts of the case and materials on record, the bench said that it agrees with the High Court that this is not a fit case to quash the criminal proceedings. It said: In this case, the High Court rightly refused to quash the criminal complaint, observing that it can exercise power under Section 482 of the CrPC only in rare cases. The power to quash the proceedings is generally exercised when there is no material to proceed against the Petitioners even if the allegations in the complaint are prima facie accepted as true. The High Court in effect found, and rightly, that the allegations in the complaint coupled with the statements recorded by the learned Magistrate had the necessary ingredients of offences under Sections 307, 323, 427, 447 and 506(2) read with Section 34 of the IPC. Referring to earlier judgments on the scope of powers under Section 482 CrPC, the bench made the following observations: The plenary inherent jurisdiction of the Court under Section 482 of CrPC may be exercised to give effect to an order under the Code; to prevent abuse of the process of the Court; and to otherwise secure the ends of justice.The inherent jurisdiction, though wide and expansive, has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the section itself, that is, to make orders as may be necessary to give effect to any order under the Code, to prevent the abuse of the process of any Court or to otherwise secure the ends of justice.. For interference under Section 482, three conditions are to be fulfilled. The injustice which comes to light should be of a grave, and not of a trivial character; it should be palpable and clear and not doubtful and there should exist no other provision of law by which the party aggrieved could have sought relief.n exercising jurisdiction under Section 482 it is not permissible for the Court to act as if it were a trial Court. The Court is only to be prima facie satisfied about existence of sufficient ground for proceeding against the accused. For that limited purpose, the Court can evaluate materials and documents on record, but it cannot appreciate the evidence to conclude whether the materials produced are sufficient or not for convicting the accused. The High Court should not, in exercise of jurisdiction under Section 482, embark upon an enquiry into whether the evidence is reliable or not, or whether on a reasonable appreciation of the evidence the allegations are not sustainable, for this is the function of the trial Judge. The High Court may have an obligation to intervene under Section 482 of the Code in cases where manifest error has been committed by the Magistrate in issuing process despite the fact that the alleged acts did not at all constitute offences. The power under Section 482 of CrPC should not be exercised to stifle legitimate prosecution. At the same time, if the basic ingredients of the offence alleged are altogether absent, the criminal proceedings may be quashed under Section 482 of CrPC. Where the allegations set out in the complaint or the charge-sheet do not constitute any offence, it is open to the High Court, exercising its inherent jurisdiction under Section 482 of the Code, to quash the order passed by the Magistrate taking cognizance of the offence. The inherent power under Section 482 is intended to prevent the abuse of the process of the Court and to secure the ends of justice. Such power cannot be exercised to do something which is expressly barred under the Code. Click here to Download JudgmentRead Judgment

Section 482 CrPC: Quashing Power Should Not Be Exercised To Stifle Legitimate Prosecution : SC [Read Judgment]

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Section 482 CrPC: Quashing Power Should Not Be Exercised To Stifle Legitimate Prosecution : SC [Read Judgment]

Ashok Kini

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