Central Bureau of Investigation (Appellant) Vs. Aryan Singh (Respondent)
(CRIMINAL APPEAL NOS. 1025-1026_OF 2023 / SLP (CRL.) NOS. 12794-12795 OF 2022)
(2JB, M.R.Shah and C.T. Ravikumar J.J., delivered by Justice M.R. Shah)
Facts: Appeal is filed by the appellant (CBI) against the judgment and order passed by the Punjab and Haryana High court passed in exercise of the powers under Section 482 Cr.P.C., whereby it has quashed the criminal proceedings of the FIR No. RC0512020S0001 dated 29.04.2020 registered at Chandigarh under Sections 452, 323, 365, 342, 186, 225, 506 and 120-B IPC, as well as all the subsequent proceedings arising out of the same.
Issue: Whether the HC can quash the entire criminal proceedings against an accused under the limited scope of powers under section 482 Cr.P.C/Article 226?
Arguments on behalf of appellant (CBI): learned ASG Shri K.M. Nataraj
He submitted that the High court under Section 482 Cr.P.C., has quashed the entire criminal proceedings against the accused, exceeding in its jurisdiction, observing that the charges against the accused have not been proved and that the prosecution is malicious. He further submitted that whether any criminal proceedings is malicious, is required to be considered at the conclusion of the trial and not at the stage of exercise of powers under Section 482 Cr.P.C.
Arguments on behalf of respondent (Aryan singh): Sr. Adv. Shri R.P. Bhatt
He vehemently opposed the above submissions on merits (not mentioned in the judgment), which were not considered by the court before trial.
Held: The SC set aside the judgment and order of the HC and held 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. It further held that 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 court also ordered the trial to be conducted against the respondents expeditiously (within 12 months from the date of this order)
