Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Quashing of proceedings s. 482 Non-exercise of power u/s. 482 Justification of Cr.P.C |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s. 482 – Quashing of proceedings – Non-exercise of power u/s. 482 – Justification of – Appellant charged u/s. 420 along with the other accused persons for cheating the de-facto complainant and other persons for certain sum in exchange for securing jobs – Registration of FIR – Final report that as no proper evidence, case should be considered as a false case – Another final report filed which stated that Inspector of Police conducted further investigation as per order passed by District Police Chief – Petition for quashing of the proceedings – Petition not quashed – On appeal, held: No material on record to show that the representation made by accused No.1, the appellant or the de facto complainant, was false or that they had prior knowledge of such representation being false and made only with the intention to deceive – Only ingredient was that in the ordinary course, none of the persons would have given the accused any money, and thus, were induced to deliver property which otherwise they would have not – With only one ingredient being fulfilled and mere statements made to show dishonest intention or falsity of statement, the threshold of s. 420 is not breached, constituting the offence – Thus, the non-exercise of the power u/s. 482 not justified – Order passed by the High Court set aside – Penal Code, 1860 – s. 420. Code of Criminal Procedure, 1973: s. 173(8) – Report of police officer on completion of investigation – District Police Chief ordered the further investigation pursuant to which the second final report filed – Permissibility of – Held: Magistrate has the power to order further investigation – Fresh investigation/re-investigation/de novo investigation fall within the purview of the jurisdiction of a higher court – Order from the District Police Chief is not the same as an order issued by the concerned Magistrate – Thus, the District Police Chief could not have ordered further investigation, as that power rests either with the magistrate or with a higher court and not with an investigating agency. Investigation: Further investigation and fresh investigation/ re-investigation/de novo investigation – Difference between – Explained – Code of Criminal Procedure, 1973. |
Judge | Hon'ble Mr. Justice Sanjay Karol |
Neutral Citation | 2023 INSC 481 |
Petitioner | Peethambaran |
Respondent | State Of Kerala & Anr. |
SCR | [2023] 4 S.C.R. 1144 |
Judgement Date | 2023-05-03 |
Case Number | 1381 |
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