Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 – s.482 – Quashing of criminal proceedings – Legality of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – s.482 – Quashing of criminal proceedings – Legality of – Magistrate summoned the private respondents-accused for offences punishable u/ss.307, 504, 506 of IPC and s.3(10)(15) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – High Court allowed application u/s.482 CrPC preferred by the private respondents–accused and quashed the criminal proceedings as well as summoning order of the Magistrate – Challenge to – Held: The order passed by the High Court was a cryptic, non-speaking order – There was no independent application of mind by the High Court on the legality and validity of the order passed by the Magistrate – While quashing the criminal proceedings, the High Court observed that no useful purpose will be served by prolonging the proceedings of the case – The aforesaid cannot be a good ground and/or a ground at all to quash the criminal proceedings when a clear case was made out for the offences alleged – The cursory and casual manner in which the High Court disposed of the application u/s.482 CrPC and quashed the criminal proceedings is deprecated – Judgment of High Court is unsustainable both on facts as well as in law – Order passed by Magistrate summoning the accused, accordingly, restored – IPC – ss.307, 504 and 506 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – s.3(10)(15). |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 577 |
Petitioner | Satish Kumar Jatav |
Respondent | The State Of U.p. & Ors. |
SCR | [2022] 3 S.C.R. 270 |
Judgement Date | 2022-05-17 |
Case Number | 770 |
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