High Court Cannot Quash Criminal Proceedings At Section 482 CrPC Stage By Saying Charges Aren't Proved : Supreme Court

The Supreme Court has reiterated that a High Court cannot conduct a "mini trial" while exercising powers under Section 482 of the Code of Criminal Procedure. 

"At the stage of discharge and/or while exercising the powers under Section 482 Cr.P.C., the Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against the accused for which the accused is required to be tried or not”, observed a bench comprising Justices MR Shah and CT Ravikumar while setting aside a High Court judgment which quashed the criminal proceedings in a case investigated by the CBI.

"As per the cardinal principle of law, at the stage of discharge and/or quashing of the criminal proceedings, while exercising the powers under Section 482 Cr.P.C., the Court is not required to conduct the mini trial. The High Court in the common impugned judgment and order has observed that the charges against the accused are not proved. This is not the stage where the prosecution / investigating agency is/are required to prove the charges. The charges are required to be proved during the trial on the basis of the evidence led by the prosecution / investigating agency", the Supreme Court added.

The Court further observed that the High Court erred in holding that the proceedings were malicious. 

"Whether the criminal proceedings was/were malicious or not, is not required to be considered at this stage. The same is required to be considered at the conclusion of the trial"

What is required to be considered is a prima facie case and the material collected during the course of the investigation, which warranted the accused to be tried, the Court added.

Case Title : Central Bureau of Investigation vs Aryan Singh

Citation : 2023 LiveLaw (SC) 292

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