Section 121CrPC says that the Court has the power to reject a person from being surety, if the magistrate or subordinate to magistrate finds surety to be unfit for the purpose of bond.
Such magistrate shall give a prior notice to surety and the person by who the surety is offered before holding an enquiry.
If the magistrate is satisfied after considering all the evidences then magistrate or sub magistrate declare surety to be unfit by the purpose of bond. In case, the surety has been declared fit in the previous case then magistrate shall issue his summons and call the person to whom the surety has been issued.
The judgement was given by Justice L. Nageshwar and Deepak Gupta, laying down that interference by High Court’s U/S 482 CrPC is only warranted to prevent abuse of process of court and to secure tends of justice.
The complaint was filed by the appellant against respondent’s behavior that subjected his wife to harassment due to which she committed suicide in PS Kareli, District Narsinghpur, Madhya Pradesh. The three respondents were the relatives of appellant.
Final report was filed on completion of investigation on 19th July’14 along with a petition U/S 482 CrPC by respondent for quashing of the criminal proceedings before HC of Madhya Pradhesh.
Respondent added that the elements of abetment to suicide U/S 306, IPC, were absent as charge sheet didn’t disclose any direct nexus suggesting the incitement of suicide of the deceased.
The HC held that there wasn’t anything on record to show respondent’s actions led to suicide of appellant’s wife and children. It was held that criminal intimidation was made out on perusing statements of respondents, recorded U/S 161, CrPC. Considering the above , the HC quashed the criminal proceedings against the respondents. Therefore, the aggrieved approached the Supreme Court in civil appeal.
Section 161, CrPC says that a police officer may orally examine any person who is supposed to be acquainted with the facts and circumstances of the case.
That person is supposed to answer all the questions truly other than those in which he could be held liable. The police then have to deduce the oral statements into writing as a record.
What SC Said?
The apex court while allowing the criminal appeal held that quashing of criminal proceedings cannot be done by high court if a case is made out by disclosing ingredients of the alleged offence.
Furthermore, Court took the view that statements recorded in terms of Section 161 CRPC were wholly inadmissible in evidence and were not a valid ground for allowing a petition under Section 482 CRPC.
What Is Quashing A Criminal Proceeding?
In simple terms, it refers to ceasing legal machinery which had been set in the motion with the registration of FIR.
The criminal proceedings can be quashed at any stage once FIR has been filed but before the charge-sheet has been filed.
Section 482, CrPC lays provisions for quashing of FIR/Criminal Proceedings.