2023 (1) TMI 1267

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.....12.2021 passed by the Madurai Bench of Madras High Court in Crl.O.P. No. 19872 of 2021, by which the High Court has allowed the said application filed by the accused under Section 482, CrPC and caused the criminal proceedings for the offences under Sections 124A, 153A, 504, 505(1)(b) and 505(2) of the IPC, the State has preferred the present appeal. Mr. Sanjay Hegde, learned senior counsel appearing on behalf of the State has vehemently submitted that the impugned judgment and order passed by the High Court quashing and setting aside the criminal proceedings in exercise of the powers under Section 482, CrPC is just contrary to the decision of this Court in the case of State of Uttar Pradesh & Another v. Akhil Sharda & Other; reported in....

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....d order, the High Court has quashed the criminal proceedings for the offences under Sections 124A, 153A, 504, 505(1)(b) and 505(2) of the IPC in exercise of powers under Section 482, CrPC. From the impugned judgment and order passed by the High Court and the reasoning given by the High Court, it appears that the High Court has quashed the criminal proceedings as if the High Court was conducting the mini trial. The scope and ambiguity of powers to be exercised under Section 482, CrPC has been elaborately dealt with and considered by this Court in the case of M/s Neeharika Infrastructure Pvt. Ltd. (supra). In para 57, it is observed and held as under:- From the aforesaid decisions of this Court, right from the decision of the Priv....

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....e court is, however, 39 recognized to secure the ends of justice or prevent the above of the process by Section 482 Cr.P.C. ix) The functions of the judiciary and the police are complementary, not overlapping; x) Save in exceptional cases where non-interference would result in miscarriage of justice, the Court and the judicial process should not interfere at the stage of investigation of offences; xi) Extraordinary and inherent powers of the Court do not confer an arbitrary jurisdiction on the Court to act according to its whims or caprice; xii) The first information report is not an encyclopedia which must disclose all facts and details relating to the offence reported. Therefore, when the investigation ....

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....ognizable offence or not and the court has to permit the investigating agency/police to investigate the allegations in the FIR." Even otherwise, it is a settled position of law that while exercising powers under Section 482, CrPC, the High Court is not required to conduct the mini trial. What is required to be considered at that stage is the nature of accusations and allegations in the FIR and whether the averments/allegations in the FIR prima facie discloses the commission of the cognizable offence or not. Under the circumstances, the impugned judgment and order passed by the High Court, which is just contrary to the decision of this Court in M/s Neeharika Infrastructure Pvt. Ltd (supra) and the other decisions on the points, is unsu....