High Court can not quash legal proceedings beneath Section 482
of Code of Criminal Procedure, 1973 with out giving talking and
Reasoned Order

Introduction

The Hon’ble Supreme Court vide its order dated May 17, 2022
in Satish Kumar Jatav v. State of U.P. &
Ors.¹. has noticed that when a transparent case
is made out in opposition to an accused for the alleged offences, then the
legal proceedings in opposition to the accused can’t be quashed merely
on the bottom that “no helpful function can be served by
prolonging the proceedings of the case“. In a catena of
choices, the Hon’ble Supreme Court has emphasised that High
Courts should cross a talking and reasoned order whereas disposing
petitions beneath Section 482 of the Code of Criminal Procedure,
1973.

Brief details

The Ld. Magistrate in Complaint Case No.1199 of 2005 summoned
the Accused vide summoning order dated February 04, 2008 to face
trial for offences punishable beneath Sections 307, 504, 506 of the
Indian Penal Code, 1860 and Section 3(10)(15) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Thereafter, the Accused approached the Hon’ble Allahabad High
Court for quashing of proceedings beneath Section 482 of the Code of
Criminal Procedure, 1973. The Hon’ble Allahabad High Court in
Criminal Misc. Application No.14607 of 2008 beneath Section 482 of
the Code of Criminal Procedure, 1973 quashed the legal
proceedings vide its order dated September 16, 2019 merely opining:
“that no helpful function shall be served by prolonging the
proceedings of the case” and allowed the petition.

Supreme Court’s Judgment

The Hon’ble Supreme Court noticed that the impugned
judgment and order handed by the Hon’ble Allahabad High Court
vide its order dated September 16, 2019 is a cryptic, non-speaking
order and there seems to be no unbiased utility of thoughts by
the Hon’ble Allahabad High Court on the legality and validity
of the order handed by the Ld. Magistrate summoning the Accused.
The Hon’ble Supreme Court noticed that the Hon’ble
Allahabad High Court in a most cursory and informal method has set
apart the summons issued vide Ld. Magistrate’s summoning order
dated February 04, 2008 in opposition to the Accused, even after contemplating
the statements of the complainant in addition to the witnesses recorded
beneath Sections 200 and 202 of the Code of Criminal Procedure, 1973
and after contemplating the proof on file, together with the damage
certificates.

The Hon’ble Supreme Court famous that the Hon’ble
Allahabad High Court has noticed that no helpful function can be
served by prolonging the proceedings of the case which can’t be a
good floor or actually any floor in any respect to quash the legal
proceedings when a transparent case has been made out for the alleged
offences. The Hon’ble Supreme Court additional noticed that the
Hon’ble Allahabad High Court has not made any observations on
how the order handed by the Ld. Magistrate summoning the Accused
might have been improper and/or misguided, and the style through which the
Hon’ble Allahabad High Court has disposed of the appliance
beneath Section 482 of the Code of Criminal Procedure, 1973 and has
quashed the legal proceedings is deprecated. The Hon’ble
Supreme Court held that the Hon’ble Allahabad High Court ought
to have been extra cautious and circumspect whereas contemplating the
utility beneath Section 482 of the Code of Criminal Procedure,
1973 and quashing the legal proceedings, when severe
allegations for the offences beneath Sections 307, 504, 506 of the
Indian Penal Code, 1860 and Section 3(10)(15) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
had been made out in opposition to the Accused.

Conclusion

The Hon’ble Supreme Court noticed that the Hon’ble
Allahabad High Court had not mentioned the allegations made in opposition to
the Accused individuals and even the legality and validity of the order
handed by the Ld. Magistrate in summoning the accused. The High
Courts should cross a talking and reasoned order whereas disposing
petitions beneath Section 482 of the Code of Criminal Procedure,
1973, particularly in circumstances the place a transparent case has been prima facie
made out in opposition to the Accused.

Footnote

1. CRIMINAL APPEAL NO. 770 of 2022;

The content material of this text is meant to supply a common
information to the subject material. Specialist recommendation ought to be sought
about your particular circumstances.