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Petition U/s 482 CrPC Filed By A Person Unconnected With Proceedings Cannot Be Ordinarily Entertained By High Court: Supreme Court

LIVELAW NEWS NETWORK
16 Dec 2020 1:43 PM GMT
Petition U/s 482 CrPC Filed By A Person Unconnected With Proceedings Cannot Be Ordinarily Entertained By High Court: Supreme Court
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An application under Section 482 of the Code of Criminal Procedure filed by a person who is in no way connected with the criminal proceeding or criminal trial cannot ordinarily be entertained by the High Court, the Supreme Court has observed.In this case, Sanjai Tewari was accused of various offences under Indian Penal Code and Prevention of Corruption Act. Allowing an application filed...

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An application under Section 482 of the Code of Criminal Procedure filed by a person who is in no way connected with the criminal proceeding or criminal trial cannot ordinarily be entertained by the High Court, the Supreme Court has observed.

In  this case, Sanjai Tewari was accused of various offences under Indian Penal Code and Prevention of Corruption Act. Allowing an application filed by a person who claimed social activist and an Advocate by profession, the High Court directed the trial court to expedite the criminal trial and conclude the same at the earliest. Against this order, the accused approached the Apex Court contending that the applicant before the High Court had no locus to file such an application before the High Court.

The court observed that criminal trial where offences involved are under the Prevention of Corruption Act have to be conducted and concluded at the earliest since the offences under Prevention of Corruption Act are offences which affect not only the accused but the entire society and administration. It is also well settled that the High Court in appropriate cases can very well under Section 482 Cr.P.C. or in any other proceeding can always direct trial court to expedite the criminal trial and issue such order as may be necessary, the bench headed by Justice Ashok Bhushan said.

However, the court noted that the applicant before the High Court was in no way connected with initiation of criminal proceeding against the accused. The bench, also comprising Justices R. Subhash Reddy and MR Shah observed:

An application by a person who is in no way connected with the criminal proceeding or criminal trial under Section 482 Cr.P.C. cannot ordinarily be entertained by the High Court. A criminal trial of an accused is conducted in accordance with procedure as prescribed by the Criminal Procedure Code. It is the obligation of the State and the prosecution to ensure that all criminal trials are conducted expeditiously so that justice can be delivered to the accused if found guilty. The present is not a case where prosecution or even the employer of the accused have filed an application either before the trial court or in any other court seeking direction as prayed by respondent No.2 in his application under Section 482 Cr.P.C.

Referring to a judgment in  Janata Dal vs. H.S. Chowdhary and others, (1993) 1 SCC 756, the court observed:

This Court in the above case laid down that it is for the parties in the criminal case to raise all the questions and challenge the proceedings initiated against them at appropriate time before the proper forum and not for third parties under the garb of Public Interest Litigants.

While setting aside the High Court order, the bench clarified that it will be open for the trial court to expedite the criminal trial, the offences being the offences under the Prevention of Corruption Act, 1988, subject to any order passed by the High Court in pending proceedings

Case: SANJAI TIWARI vs. STATE OF UTTAR PRADESH [CRIMINAL APPEAL NO.869 Of 2020]
Coram:  Justices Ashok Bhushan, R. Subhash Reddy and MR Shah 
 

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