High Court Cannot Quash Criminal Proceedings U/Sec 482 CrPC Relying On Draft Charge Sheet Which Is Yet To Be Filed Before Magistrate: SC

Key Takeaways

• A 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 of CrPC

Background

• 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 submitted.
• 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 the draft charge sheet, the High Court quashed the FIR against some of the accused.

Observations

• In appeal, the Apex Court took serious exception to the procedure adopted by the High Court.
• The court said that the police have a statutory right to investigate a cognizable offence under Sections 154 and 156 of the CrPC.
• A High Court can neither direct an investigating agency to submit the investigation report before it nor can it quash a criminal proceeding under Section 82 relying on such a report when the report has not been submitted to the Magistrate.
• The proceedings before the High Court followed an unusual, if not an extraordinary course. The judgment also noted various factual aspects in this concluded that quashing of the FIR by the High Court was unwarranted.

Questions

• What is your opinion on this?
• What does Section 482 of CrPC state?

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