High Court Should be careful while quashed criminal proceedings – SC
D.D:- May 17, 2022.
Apex court observed in the recent judgement while hearing appeal against quashing order (Satish Kumar Jatav vs State of UP DD. 17th May 2022) that, the impugned judgment and order passed by the High Court is a cryptic, nonspeaking order. We find no independent application of mind by the High Court on the legality and validity of the order passed by the learned Magistrate summoning the accused.
Facts – Appellant filed an application under Section 156(3) Cr.P.C. against the accused persons, as the local police did not lodge the FIR. Thereafter Magistrate passed an order directing to lodge the FIR against the accused persons for the offences punishable under Sections 307, 504, 506 of the IPC and Section 3(10)(15) of the Act. After Investigation submitted the closure report.
Complainant was doubtful about a fair investigation and therefore, the complainant filed another Criminal Complaint Case No.2365 of 2004 against the accused for the aforesaid offences.
Magistrate issued notice to the complainant after receiving the final report, complainant filed the Protest Petition against the final report. Magistrate rejecting the final report. The proceedings arising from the police final report was merged into the proceedings of Criminal Complaint Case.
The learned Magistrate directed for recording the statement under Section 161 Cr.P.C. The complainant recorded his statement under Section 200 Cr.P.C. So also, the statement of other witnesses PW1 to PW7 were recorded under Section 202 Cr.P.C.
The injury report of the complainant was also brought on record. All the witnesses supported the prosecution case. Thereafter the learned Magistrate passed a reasoned and detailed order vide order dated 04.02.2008 and directed to issue summons to the accused to face the trial for the offences punishable under Sections 307, 504, 506 of the IPC and Section 3(10)(15) of the Act.
Being aggrieved the respondents original accused approached the High Court under Section 482 Cr.P.C to quash the proceedings. High Court has quashed the criminal proceedings, aggrieved Complainant approached the Supreme Court.
Appellant Contended that that the impugned judgment and order passed by the High Court quashing the criminal proceedings against the accused is a cryptic, nonreasoned order And Magistrate after due application of mind and considering the statements recorded under Sections 200 & 202 Cr.P.C. and after considering the material on record including the injury report had directed to issue summons upon the accused to face the trial, the same was not required to be interfered with by the High Court in exercise of powers under Section 482 Cr.P.C.
Apex Court observed that Magistrate issued the summons against the accused after considering the statements of the complainant as well as the witnesses recorded under Sections 200 & 202 Cr.P.C. and after considering the evidence on record including the injury certificate.
The same has been set aside by the High Court in a most cursory and casual manner. The way the High Court has disposed of the application under Section 482 Cr.P.C. and quashed the criminal proceedings is not appreciated at all.
Apex Court held that when serious allegations for the offences were made, the High Court ought to have been more cautious and circumspect while considering the application under Section 482 Cr.P.C. and quashing the criminal proceedings for the serious offences. Under the circumstances the impugned judgment and order passed by the High Court is unsustainable both on facts as well as in law. Appeal Allowed.
Satish Kumar Jatav
Versus
The State of U.P. & Ors.
