NDLI: Jitul Jentilal Kotecha Vs. State of Gujarat and Ors. Etc

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	s. 482 – Inherent powers of High Court – Exercise of – On facts dispute over title of land
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1973: s. 482 – Inherent powers of High Court – Exercise of – On facts, dispute over title of land – FIR registered against respondents u/ss 465, 467, 468 and 120B IPC by the appellant – Respondents nos. 2 to 7 filed petitions u/s 482 before the High Court for quashing of FIR – Interim order by the High Court that investigation to be continued but charge-sheet to be filed only with its permission – Draft charge-sheet placed before the High Court for offences punishable u/ss. 385, 389, 418, 477, 506(2), 120B and 34 IPC – Draft charge-sheet also arraigned respondents nos. 8 and 9 – High Court quashed the FIR except for the allegations against respondents nos. 4 and 5 u/s. 385 IPC – On appeal, held: High Court transgressed the limitations on the exercise of its jurisdiction u/s.482 in quashing the FIR and all consequential proceedings, and by restricting the police from submitting the charge-sheet before the magistrate and by further perusing the contents of the draft charge- sheet in the proceedings before it – High Court cannot place reliance on a “draft charge-sheet” which is yet to be placed before the magistrate to quash the criminal proceedings u/s 482 – High Court’s direction to not submit report to Magistrate prior to placing the same before it was devoid of any reasoning – Interim direction amounted to an unnecessary interference in the investigative process envisaged under the CrPC – Furthermore, allegations in the FIR prima facie indicate that respondent nos 6 and 7 entered into champertous agreements with the legal heirs of SB and were alleged to be involved in the extortion of money from the appellant – High Court held that the allegations on their face disclose that respondent nos 4 and 5 committed the offence of extortion u/s 385 IPC and directed that the investigation be continued against them – However, the High Court completely failed to examine the allegation of criminal conspiracy qua the other accused – Thus, when a specific role was attributed to the accused, the High Court could not have quashed the FIR u/s.482 – As regards, respondent nos. 8 and 9 who were named as accused in the draft charge-sheet and not in the FIR, instituted quashing petitions, before the draft charge-sheet was placed before the High Court and the High Court proceeded to entertain their petitions u/s.482 – Interference by the High Court in the investigation against respondent nos. 8 and 9 was at a premature stage and not warranted – There has been a clear abuse of the process – Thus, the order passed by the High Court set aside. s. 482 – Inherent powers of High Court – Exercise of – Held: Inherent powers by High Court must be exercised sparingly and with circumspection – Inherent powers do not confer arbitrary jurisdiction on the High Court to act according to whim and caprice – Inherent powers cannot be invoked to sidestep statutory provisions – High Court can neither direct an investigating agency to submit the investigation report before it nor can it quash a criminal proceeding u/s. 482 relying on such report when the report has not been submitted to the Magistrate.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2021 INSC 718
Petitioner	Jitul Jentilal Kotecha
Respondent	State Of Gujarat And Ors. Etc
SCR	[2021] 11 S.C.R. 9
Judgement Date	2021-11-12
Case Number	1328-1333

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