Power U/s 482 CrPC Cannot Be Exercised Where The Allegations Are Required To Be Proved In Court Of Law: SC [Read Judgment]

The power under Section 482 of the Code of Criminal Procedure, 1973 cannot be exercised where the allegations are required to be proved in court of law, the Supreme Court has reiterated.

In this case, the allegation was that the deceased father of the accused in connivance with other employees of a Cooperative Bank committed financial irregularities on the basis of forged documents by misusing his post and by providing fake loan to the relatives. The accused were charged for the offences under Sections 420, 406, 409, 120B IPC.

The High Court in the Revision Petition had found that the offences under Sections 420 and 120-B IPC are not made out against the respondents. It had held that there is no assertion that the cash credit facility obtained with a knowledge that they will not repay the loan amount.

Allowing the appeal filed by the state, the bench comprising Justices L. Nageswara Rao and Hemant Gupta noted that the High Court has examined the entire issue as to whether the offence under Sections 420 and 120-B is made out or not at pre trial stage. It said:

"The respondents are beneficiary of the grant of cash credit limit when their father was the President of the Bank. The power under Section 482 of the Code of Criminal Procedure, 1973 cannot be exercised where the allegations are required to be proved in court of law. The manner in which loan was advanced without any proper documents and the fact that the respondents are beneficiary of benevolence of their father prima facie disclose an offence under Sections 420 and 120-B IPC. It may be stated that other officials of the Bank have been charge sheeted for an offence under Sections 13(1)(d) and 13(2) of the Act." 

Case name: STATE OF MADHYA PRADESH vs. YOGENDRA SINGH JADON & ANR
Case no.: CRIMINAL APPEAL NO. 175 OF 2020
Coram: Justices L. Nageswara Rao and Hemant Gupta 

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