Section 482 CrPC - High Court Must Furnish Reasons For Issuing Interlocutory Direction At Interim Stage : Supreme Court

The Supreme Court has observed that while issuing an interlocutory direction at an interim stage while exercising jurisdiction under Section 482 of the Code of Criminal Procedure, the High Court must furnish reasons."Even at the interim stage, the High Court must demonstrate an application of mind and furnish reasons for issuing any interlocutory direction, which is capable of being tested before this Court in an appropriate case", a bench comprising Justices DY Chandrachud and BV Nagarathna observed.The Supreme Court was considering the case Jitul Jentilal Kotecha vs State of Gujarat which was an appeal against a judgment of the Gujarat High Court which quashed criminal proceedings exercising powers under Section 482 CrPC.In its interim order dated 2 May 2016, the High Court allowed the investigation to continue against the accused but directed that the final report cannot be submitted to the Magistrate without its permission.The Supreme Court took a critical view of the fact that the High Court's interim direction was not supported by any reason."The direction was not supported by any reasoning whatsoever", the Supreme Court noted."The interim direction amounted to an unnecessary interference in the investigative process envisaged under the CrPC. The High Court transgressed the scope of the powers conferred upon it by restricting the police from submitting the charge-sheet before the Magistrate and by further perusing the contents of the "draft charge-sheet" in the proceedings before it", the Supreme Court noted. In this case, an FIR was registered against the accused under Sections 465, 467, 468 and 120B of the IPC by the Gandhigram Police Station, Rajkot on a complaint. In a petition filed under Section 482 CrPC filed by some of the accused, the High Court directed that the investigation may continue but the charge-sheet be filed only with its permission. A draft charge-sheet was placed before the High Court for offences punishable under Sections 385, 389, 418, 477, 506 (2), 120B and 34 of the IPC. Taking note of the contents of draft charge sheet, the High Court quashed the FIR against some of the accused.The Supreme Court further held that the High Court could not have quashed the proceedings on the basis of a "draft charge sheet"."...the High Court cannot place reliance on a "draft charge-sheet" which is yet to be placed before the Magistrate to quash the criminal proceedings under Section 482", the Court said.Case name and Citation: Jitul Jentilal Kotecha vs State of Gujarat | LL 2021 SC 642Case no. and Date: CrA 1328-1333 of 2021 | 12 November 2021Coram: Justices DY Chandrachud and BV NagarathnaCounsel: Adv Nikhil Goel for appellantClick here to Read/Download Judgment

Section 482 CrPC - High Court Must Furnish Reasons For Issuing Interlocutory Direction At Interim Stage : Supreme Court

LIVELAW NEWS NETWORK

Tags