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Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order
Gyanvi Khanna
4 Nov 2023 9:35 AM IST
The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet.The Madhya Pradesh High Court passed the direction while refusing to quash an FIR under Section 482 of the Code of Criminal Procedure.Disapproving of the High Court's order, a...
The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet.
The Madhya Pradesh High Court passed the direction while refusing to quash an FIR under Section 482 of the Code of Criminal Procedure.
Disapproving of the High Court's order, a bench comprising Justices Abhay S. Oka and Pankaj Mithal observed :
“Strangely, the High Court has observed that the Investigating Officer will give opportunity to the appellant to explain the material collected against him during the investigation before submission of the final report under Section 173 of CrPC. To say the least, such approach is very strange and contrary to law."
The appellant, in the instant case, was serving as Assistant Society Manager of the concerned Society. Against the accused, as per the FIR, there are serious allegations of financial indiscipline and misuse of public funds meant for farmers. Thus, in view of the same, the High Court refused to quash the FIR however it ordered: “Petitioner shall be given due opportunity by the Investigation Officer to explain the material collected against him before submission of final report.”
The Apex Court, in its order, noted that the High Court has rejected the appellant's plea without going into the merits of the case. In this backdrop, the Court restored the matter before the High Court while also extending the interim relief granted.
The Court also passed the direction to “…the Registrar (Judicial) of the Madhya Pradesh High Court to list the restored petition before the roster Bench on 8th December 2023 in the morning. The parties shall appear before the roster Bench on that day.”
Case Title: SHIV KUMAR SHARMA v. THE STATE OF MADHYA PRADESH & ORS., CRIMINAL APPEAL NO.3347 OF 2023
Citation : 2023 LiveLaw (SC) 950
Click Here To Read/Download Order
