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Criminal Proceedings Cannot Be Quashed By High Court Under Section 482 CrPC Stage By Saying Charges Aren't Proved: Supreme Court

Team SoOLEGAL 17 Apr 2023 4:35pm

Criminal Proceedings Cannot Be Quashed By High Court Under Section 482 CrPC Stage By Saying Charges Aren't Proved: Supreme Court

New Delhi: In the matter of Central Bureau of Investigation vs. Aryan Singh, the Supreme Court recognised and underlined that a High Court cannot conduct a mini-trial while using its power under Section 482 of the Code of Criminal Procedure, 1973.

In the case, the bench of Justice MR Shah and Justice CT Ravikumar observed that at any point while exercising the powers as indicated in Section 482 of the Code of Criminal Procedure the court has extremely limited jurisdiction and is obliged to “examine if sufficient evidence exists to continue further against the accused for which the accused is necessary to be tried or not”

The court in the case, however, recognized and overturned the judgment that invalidated the criminal proceedings in a case conducted by the CBI.

In addition, the Supreme Court noted that, according to the basic principles of law, being at the stage of discharge or quashing of criminal proceedings while exercising powers under Section 482 of the Code of Criminal Procedure, the court was not required to conduct the mini trial. As a result, the aforementioned court is not compelled to hold the mini-trial. The High Court in the case observed in the common impugned judgement and order that the charges established against the defendants are not proved. Thus the prosecution or the investigating agencies are not obliged to prove the charges at this point. As a result, the charges must be proven during the trial based on evidence presented by the prosecution or the investigating agency.

Furthermore, the court stated that the High Court erred in ruling that the proceedings were malicious and observed that “whether the criminal proceedings initiated were malicious or not is not required to be addressed at this stage. As a result, the same must be taken into account at the conclusion of the trial.”



Tagged: Criminal Proceedings  
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