High Courts Cannot Conduct 'Mini Trial' At The Stage Of Discharge Or While Quashing Criminal Proceedings U/s. 482 CrPC- SC

The Supreme Court has held that the High Court cannot conduct the ‘mini trial’ at the stage of discharge or quashing of the criminal proceedings while exercising limited powers under Section 482 of the Criminal Procedure Code, 1973 (CrPC).

The Bench of Justice MR Shah and Justice CT Ravikumar observed, "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."

“...we are of the opinion that the High Court has exceeded in its jurisdiction in quashing the entire criminal proceedings in exercise of the limited powers under Section 482 Cr.P.C. and/or in exercise of the powers under Article 226 of the Constitution of India.” the bench further added.

ASG K.M. Nataraj appeared for the appellant- CBI and Senior Advocates R.P. Bhatt and Mahesh Jethmalani appeared for the respondent.

In this case, the appeal was preferred against the order of the Punjab and Haryana High Court whereby criminal proceedings were initiated against the respondents, for offences punishable under Sections 452, 323, 365, 342, 186, 225, 506 and 120-B of the Indian Penal Code, 1860 (IPC) was quashed.

The Counsel for the appellant submitted that initially the respondents were not named in the FIR but after the investigation was handed over to the CBI, pursuant to the directions issued by the High Court, and after conclusion of the investigation the chargesheet was filed against the respondents. Therefore, initiation of Criminal proceeding could not be said to be malicious.

The Apex Court said that whether the proceedings were malicious or not was to be considered at the conclusion of trial and not at the stage of discharging or quashing the criminal proceedings. What was required to be considered was whether there were sufficient materials collected during the course of the investigation, which warranted the accused to be tried.

“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. Therefore, the High Court has materially erred in going in detail in the allegations and the material collected during the course of the investigation against the accused, at this stage.” held the Apex Court.

Accordingly, the appeals were allowed, and the impugned judgment passed by the High Court quashing and setting aside the criminal proceedings against the accused was quashed and set aside as it was unsustainable.

Cause Title- Central Bureau of Investigation v. Aryan Singh Etc. 

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