Lawstreet Journal

'High Court Cannot Quash Criminal Proceedings u/s 482 CrPC by Relying on 'Draft Charge Sheet' which is yet to be Filed Before Magistrate' : Supreme Court

Lawstreet Journal 15 Nov 2021 9:43pm

Image courtesy: Lawstreet Journal Judiciary 'High Court Cannot Quash Criminal Proceedings u/s 482 CrPC by Relying on 'Draft Charge Sheet' which is yet to be Filed Before Magistrate' : Supreme Court

In a significant verdict, the Supreme Court on Friday (November 12, 2021) held that the High Court cannot rely on a “draft charge-sheet”, which is yet to be filed by the police before a magisterial court, to quash criminal proceedings. It further stated that it is “trite law” that high courts must exercise its inherent powers “sparingly and with circumspection”.

The verdict came on a criminal appeal filed against a decision of the Gujarat High Court which on January 8, 2019, had quashed an FIR against several persons, accused of extorting money from the purchasers of a plot at Rajkot.

The high court, which had permitted the police to continue with the prosecution of two accused out of a total of nine, had directed the police to file the draft charge sheet before the filing of the same in the magisterial court and after perusal, quashed the FIRs against some of the accused.

A bench comprising Justices DY Chandrachud and BV Nagarathna held in its verdict that the Gujarat High Court “transgressed the limitations” while exercising its inherent power under section 482 of the Code of Criminal Procedure in quashing the FIR.

“We have come to the conclusion that the High Court transgressed the limitations on the exercise of its jurisdiction under Section 482 of the CrPC in quashing the FIR and all consequential proceedings. There has been a clear abuse of the process before the High Court. We accordingly set aside the impugned judgment and order of the… Continue Reading...


Tagged: Supreme Court of India  
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