Section 482 CrPC: High Court Not Required To Appreciate Evidence To Find Out Whether Accused Is Likely To Be Convicted Or Not: Supreme Court

The Supreme Court reiterated that, at Section 482 CrPC stage, a High Court is not required to appreciate the evidence to find out whether the accused is likely to be convicted or not.

In this case, the High Court had quashed a murder case against one of the accused. The wife of the deceased thus approached the Apex Court contending that there is ample material against the accused.

According to the complaint, one of the accused (not the appellant) had offered the couple a 'Prasadam' from Shirdi Sai Baba Temple. Since the powder was bitter in taste, the wife spitted it out, however, her husband had consumed it; that her husband fainted and fell down and ultimately died. The accused along with the appellant were charged under Sections 326, 307, 302, 420, r/w 34 IPC. Before the Apex Court, it was contended that that the allegations of giving poison and even purchasing of poison is against the main accused only; that there is no evidence that at the time when the main-accused gave poison to the deceased, the appellant was present there.

While allowing the appeal, the bench referred to the observation made in State of Madhya Pradesh v. Deepak, (2019) 13 SCC 62:

"it is observed and held that at the stage of framing of charges, the Court has to consider the material only with a view to find out if there is a ground for "presuming" that the accused had committed the offence. It is observed and held that at that stage, the High Court is required to evaluate the material and documents on record with a view to finding out if the facts emerging therefrom, take at their face value, disclose the existence of all the ingredients constituting the alleged offence or offences. It is further observed and held that at this stage the High Court is not required to appreciate the evidence on record and consider the allegations on merits and to find out on the basis of the evidence recorded the accused chargesheeted or against whom the charge is framed is likely to be convicted or not."

The court observed that quashing the chargesheet against the accused is not justified and that the court ignored what has emerged during the course of investigation.

"The High Court has entered into the appreciation of the evidence and considered whether on the basis of the evidence, the accused is likely to be convicted or not, which as such is not permissible at all at this stage while considering the application under Section 482 Cr.P.C. The High Court was not as such conducting the trial and/or was not exercising the jurisdiction as an appellate court against the order of conviction or acquittal. Therefore, in the facts and circumstances of the case, the High Court ought not to have quashed the chargesheet qua respondent no.1 herein – original accused no.2.", the court added.

Case: Saranya vs. Bharati ; CrA 873 OF 2021
Citation: LL 2021 SC 402
Coram: Justices DY Chandrachud and MR Shah

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