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 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s. 482 – Quashing of criminal proceedings – Sustainability of – On facts, FIRs u/ss. 406 and 420 IPC – Allegations relating to disappearance of trucks loaded with beer from highways – High Court quashed the criminal proceedings arising out of the FIR including the charge-sheet filed by the Investigating Agency as well as the summoning order passed by the trial court – On appeal, held: High Court virtually conducted a mini trial, which was not permissible at this stage – At the stage of deciding the application u/s. 482, the High Court cannot get into appreciation of evidence of the particular case being considered – Overall allegations are disappearance of the trucks transporting the beer/contraband goods which are subject to the rules and regulations of the Excise Department and Excise Law – High Court quashed the criminal proceedings by observing that there was no loss to the Excise Department – High Court did not appreciate and/ or consider the allegations of a larger conspiracy, and that both the FIRs are interconnected and part of the main conspiracy which is very serious if found to be true – Thus, the High Court exceeded in its jurisdiction – Judgment and order passed by the High Court quashing the criminal proceedings is unsustainable, and thus, quashed and set aside. Judgment/Order: Pronouncement of – Speedy disposal – Need for – High Court delivered the judgment after a period of six months from the date it was reserved for judgment – Held: It is always prudent that the High Court delivers the judgment at the earliest after the arguments are concluded and the judgment is reserved. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 705 |
Petitioner | State Of Uttar Pradesh & Anr. |
Respondent | Akhil Sharda & Ors. |
SCR | [2022] 6 S.C.R. 772 |
Judgement Date | 2022-07-11 |
Case Number | 840 |
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