High Court cannot quash criminal proceedings under Section 482
of Code of Criminal Procedure, 1973 without giving speaking 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 observed that when a clear case
is made out against an accused for the alleged offences, then the
criminal proceedings against the accused cannot be quashed merely
on the ground that “no useful purpose will be served by
prolonging the proceedings of the case“. In a catena of
decisions, the Hon’ble Supreme Court has emphasized that High
Courts must pass a speaking and reasoned order while disposing
petitions under Section 482 of the Code of Criminal Procedure,
1973.

Brief facts

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 under 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 under Section 482 of the Code of
Criminal Procedure, 1973. The Hon’ble Allahabad High Court in
Criminal Misc. Application No.14607 of 2008 under Section 482 of
the Code of Criminal Procedure, 1973 quashed the criminal
proceedings vide its order dated September 16, 2019 merely opining:
“that no useful purpose shall be served by prolonging the
proceedings of the case” and allowed the petition.

Supreme Court’s Judgment

The Hon’ble Supreme Court observed that the impugned
judgment and order passed by the Hon’ble Allahabad High Court
vide its order dated September 16, 2019 is a cryptic, non-speaking
order and there appears to be no independent application of mind by
the Hon’ble Allahabad High Court on the legality and validity
of the order passed by the Ld. Magistrate summoning the Accused.
The Hon’ble Supreme Court observed that the Hon’ble
Allahabad High Court in a most cursory and casual manner has set
aside the summons issued vide Ld. Magistrate’s summoning order
dated February 04, 2008 against the Accused, even after considering
the statements of the complainant as well as the witnesses recorded
under Sections 200 and 202 of the Code of Criminal Procedure, 1973
and after considering the evidence on record, including the injury
certificate.

The Hon’ble Supreme Court noted that the Hon’ble
Allahabad High Court has observed that no useful purpose will be
served by prolonging the proceedings of the case which cannot be a
good ground or in fact any ground at all to quash the criminal
proceedings when a clear case has been made out for the alleged
offences. The Hon’ble Supreme Court further observed that the
Hon’ble Allahabad High Court has not made any observations on
how the order passed by the Ld. Magistrate summoning the Accused
may have been wrong and/or erroneous, and the manner in which the
Hon’ble Allahabad High Court has disposed of the application
under Section 482 of the Code of Criminal Procedure, 1973 and has
quashed the criminal proceedings is deprecated. The Hon’ble
Supreme Court held that the Hon’ble Allahabad High Court ought
to have been more cautious and circumspect while considering the
application under Section 482 of the Code of Criminal Procedure,
1973 and quashing the criminal proceedings, when serious
allegations for the offences under 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 against the Accused.

Conclusion

The Hon’ble Supreme Court observed that the Hon’ble
Allahabad High Court had not discussed the allegations made against
the Accused persons or even the legality and validity of the order
passed by the Ld. Magistrate in summoning the accused. The High
Courts must pass a speaking and reasoned order while disposing
petitions under Section 482 of the Code of Criminal Procedure,
1973, especially in cases where a clear case has been prima facie
made out against the Accused.

Footnote

1. CRIMINAL APPEAL NO. 770 of 2022;

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.