Section 482 CrPC- Important Supreme Court & High Court Judgments of 2023

Supreme Court Judgments- Section 482 Of The Code of Criminal Procedure., 1973 Sec 482 CrPC | Pendency Of Suit Concealed, Cloak Of Criminal Offence Given To Civil Dispute : Supreme Court Quashes Criminal Proceedings Case Title: Usha Chakraborty & Anr. Versus State of West Bengal & Anr., 2023 LiveLaw (SC) 67 Coram: Justices Ajay Rastogi and CT Ravikumar The Supreme Court held that criminal proceedings can be quashed in exercise of powers under Section 482 CrPC when it is found that the attempt was to give a "cloak of criminal offence" to a dispute which is essentially of civil nature. The Court quashed the criminal proceedings after noting that the application filed under Section 156(3), Cr.P.C did not satisfy the essential ingredients to attract the alleged offences and that they were vague. Also, the existence of a pending civil dispute on the causative incident was not disclosed in the application. High Court Cannot Quash Criminal Proceedings At Section 482 CrPC Stage By Saying Charges Aren't Proved: Supreme Court Case Title: Central Bureau of Investigation vs Aryan Singh., 2023 LiveLaw (SC) 292 Coram: Justices MR Shah and CT Ravikumar The Supreme Court reiterated that a High Court cannot conduct a “mini trial” while exercising powers under Section 482 of the Code of Criminal Procedure. “At the stage of discharge and/or while exercising the powers under Section 482 Cr.P.C., the Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against the accused for which the accused is required to be tried or not”., the Court explained. 'Unexplained Inordinate Delay Crucial Factor To Quash Complaint' : Supreme Court Quashes Criminal Case Against ISKCON Bangalore Leaders Case Title: Chanchalapati Das vs State of West Bengal and Madhupandit Das vs State of West Bengal., 2023 LiveLaw (SC) 446 Coram: Justices Ajay Rastogi and Bela Trivedi The Supreme Court, while deciding an application under Section 482 Cr.P.C, quashed a criminal case against the President and Vice President of the International Society for Krishna Consciousness (ISKCON), Bengaluru, Madhu Pandit Dasa and Chanchalapati Dasa respectively, which was lodged at the instance of ISKCON Kolkata. The Court noted that the complaint in the case was filed in 2009, almost eight years after the alleged theft of the bus took place in 2001. Thus, the Court opined that the “inordinate delay of eight years in filing the complaint in the court itself would be a sufficient ground to quash the proceeding”. Magistrate's Order Under Section 14 SARFAESI Act Cannot Be Quashed By High Court U/S 482 CrPC : Supreme Court Case Title: Phoenix Arc Private Limited vs V. Ganesh Murthy., 2023 LiveLaw (SC) 513 Coram: Justice AS Bopanna and MM Sundresh The Supreme Court held that an order under Section 14 of the SARFAESI Act cannot be quashed under Section 482 of the Cr.PC as such remedy can be availed only under the SARFAESI Act. Accused Not Filing Petition To Quash FIR/Chargesheet Has No Relevance In Deciding Bail Application : Supreme Court Case Details: Teesta Atul Setalvad v. State of Gujarat Coram: Justices BR Gavai, AS Bopanna and Dipankar Datta The Supreme Court, while granting bail to human rights activist Teesta Setalvad, observed that the accused not filing an application for quashing the FRI/Chargesheet is not a relevant consideration for deciding bail application. If such a position was to be accepted, then no bail application can be accepted unless the accused files an application for quashing the proceedings, the Apex Court had observed. S 482 CrPC - High Court Can Try To Read In Between The Lines While Considering Plea To Quash FIR : Supreme Court Case Title: Mahmood Ali vs State of UP., 2023 LiveLaw (SC) 613 Coram: Justices B R Gavai and J B Pardiwala The Supreme Court observed that, a High Court, while considering a petition seeking quashing of FIR/Criminal Proceedings under Section 482 CrPC, is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as the materials collected in the course of investigation. “In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines.,” the Court explained. S.482 CrPC | Criminal Antecedents of Accused Cannot Be The Sole Consideration To Decline To Quash Criminal Proceedings: Supreme Court Case Title: Mohammad Wajid vs State of U P., 2023 LiveLaw (SC) 624 Coram: Justices B R Gavai and J B Pardiwala The Supreme Court observed that the criminal antecedents of the accused cannot be the sole consideration to decline to quash the...

Section 482 CrPC- Important Supreme Court & High Court Judgments of 2023

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Section 482 CrPC- Important Supreme Court & High Court Judgments of 2023

Gyanvi Khanna

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