Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure |
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 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration:Whether the order passed by the High Court refusing to dischargethe accused in a criminal case and quashing an FIR calls forinterference.Code of Criminal Procedure, 1973 – ss. 239-240 – Trial ofwarrant-cases by Magistrates – Application for discharge –Permissible extent of scrutiny – On facts, refusal of the HighCourt to discharge the accused-appellant in a criminal caseand quash an FIRHeld: Case for interference made out – There is no suspicion,much less strong or grave suspicion that the appellants are guiltyof the offence alleged, u/ss. 448, 454 and 380 IPC – Criminalcase against the appellants amounts to clear abuse of the processof the Court – It would be unjustified to make the appellantsface a full-fledged criminal trial – Appellants are to be protectedagainst vexatious and unwarranted criminal prosecution, andfrom unnecessarily being put through the rigours of an eventualtrial, either through quashing a FIR/Complaint or by allowingan appeal against an order rejecting discharge or by any otherlegally permissible route, as the circumstances may be, in thedeserving case, is a duty cast on the High Courts – High Courtshould have intervened and discharged the appellants – Thus,there not being sufficient material on record to proceed againstthe appellants, they are discharged – Impugned judgment of theHigh Court as well as the order of the trial court dismissing theprayer for discharge are are unreasoned and set aside. [Para14, 23, 24]Code of Criminal Procedure, 1973 – ss. 239-240 – Trial ofwarrant-cases by magistrates – Discharging of accused –Framing of charges – Reliance on Minakshi Bala’s case whichheld that at the stage of framing of charges, the court cannotusurp functions of a trial court to delve into and decide uponrespective merits:Held: If Minakshi Bala’s case is accepted as it, the necessaryconcomitant would be that despite examining the matter in detail,a court would find its freedom restricted while considering thedischarge application – This would amount to forcing a person tostand trial, even when ‘overwhelming’ material points to his/herinnocence – Obviously, hands of a Court ought not to be tied down,and not against liberty – Thus, Minakshi Bala’s case is doubtedon the limited aspect, however, not referred to the larger benchfor reconsideration observing that the same would be done in amore appropriate case – Precedent. [Para 18, 25] |
Judge | Hon'ble Mr. Justice Ahsanuddin Amanullah |
Neutral Citation | 2023 INSC 1026 |
Petitioner | Vishnu Kumar Shukla & Anr |
Respondent | The State Of Uttar Pradesh & Anr |
SCR | [2023] 13 S.C.R. 1071 |
Judgement Date | 2023-11-28 |
Case Number | 3618 |
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