SC to HCs: You can't invoke Sec.482 CrPC to quash Criminal Cases without any Application of Mind through cryptic Orders, Read Judgment

The Supreme Court has observed that the High Courts cannot invoke Section 482 CrPC to quash criminal proceedings merely on the ground that 'no useful purpose will be served by prolonging the proceedings of the case.'

The Division Bench of Justice MR Shah and Justice BV Nagarathna in a criminal appeal reiterated that High Courts are required to pass a reasoned order while dealing with matters seeking setting aside of offences alleged.

The appellant was aggrieved of the impugned High Court order quashing criminal proceedings as well as the summoning order by which the learned Magistrate summoned the original accused to face the trial for the offences punishable under Sections 307, 504, 506 IPC, and Section 3(10)(15) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Senior Advocate for the Respondent contended that when the High Court has quashed the criminal proceedings in exercise of powers under Section 482 Cr.P.C., the same may not be interfered with by this Court in exercise of powers under Article 136 of the Constitution of India.

The Court after analysing facts of the case and submissions made, opined that the impugned order is unsustainable both in law as well as on facts. Stating that it is cryptic, non-speaking and unreasoned, the Court stated that the High Court didn't further discussions on the allegations made against the accused persons and even on the legality and validity of the order passed by the Magistrate summoning the accused.

The Court called it a very short order, bereft of due reaning and opinions. 

"The learned Magistrate issued the summons against the accused after considering the statements of the complainant as well as the witnesses recorded under Sections 200 & 202 Cr.P.C. and after considering the evidence on record including the injury certificate. The same has been set aside by the High Court in a most cursory and casual manner. The manner in which the High Court has disposed of the application under Section 482 Cr.P.C. and quashed the criminal proceedings is not appreciated at all. In a catena of decisions, this Court has emphasized that the High Court must pass a speaking and reasoned order in such matter."

The Court accordingly set aside the impugned order.

Read Order @LatestLaws.com:

Picture Source :