Section 482 CrPC - High Court Must Furnish Reasons For Issuing Interlocutory Direction At Interim Stage : Supreme Court

The Supreme Court has observed that while issuing an interlocutory direction at an interim stage while exercising jurisdiction under Section 482 of the Code of Criminal Procedure, the High Court must furnish reasons.

"Even at the interim stage, the High Court must demonstrate an application of mind and furnish reasons for issuing any interlocutory direction, which is capable of being tested before this Court in an appropriate case", a bench comprising Justices DY Chandrachud and BV Nagarathna observed.

The Supreme Court was considering the case Jitul Jentilal Kotecha vs State of Gujarat which was an appeal against a judgment of the Gujarat High Court which quashed criminal proceedings exercising powers under Section 482 CrPC.

In its interim order dated 2 May 2016, the High Court allowed the investigation to continue against the accused but directed that the final report cannot be submitted to the Magistrate without its permission.

The Supreme Court took a critical view of the fact that the High Court's interim direction was not supported by any reason.

"The direction was not supported by any reasoning whatsoever", the Supreme Court noted.

"The interim direction amounted to an unnecessary interference in the investigative process envisaged under the CrPC. The High Court transgressed the scope of the powers conferred upon it by restricting the police from submitting the charge-sheet before the Magistrate and by further perusing the contents of the "draft charge-sheet" in the proceedings before it", the Supreme Court noted.

The Supreme Court further held that the High Court could not have quashed the proceedings on the basis of a "draft charge sheet".

"...the High Court cannot place reliance on a "draft charge-sheet" which is yet to be placed before the Magistrate to quash the criminal proceedings under Section 482", the Court said.