The Court dismissed the applicant's application under Section 482 Cr.P.C. to quash the charge sheet, holding that examination of defence and factual queries is beyond the scope of Section 482, relying on settled legal propositions and a recent Supreme Court precedent.
Application under Section 482 Cr.P.C. to quash charge sheet and proceedings dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 34
Case :- APPLICATION U/S 482 No. - 1187 of 2003
Applicant :- Dr. Ved Verma Opposite Party :- State Of U.P.
Counsel for Applicant :- Jagdish Singh Sengar, Chandan Sharma, K.K.Arora, Rajiv Lochan Shukla
Counsel for Opposite Party :- Govt. Advocate, Santosh Kumar Singh, Sudhir Dixit, Utkarsh Dixit
Hon'ble Sudhir Agarwal,J.
therefore, this Court also will not examine such defence at this stage.
" 15. The High Court should have seen that when a specific grievance of the appellant in his complaint was that respondent Nos. 2 and 3 have committed the offences punishable under Sections 323, 379 read with Section 34 IPC, then the question to be examined is as to whether there are allegations of commission of these two offences in the complaint or not . In other words, in order to see whether any prima facie case against the accused for taking its cognizable is made out or not, the Court is only required to see the allegations made in the complaint. In the absence of any finding recorded by the High Court on this material question, the impugned order is legally unsustainable.
16. The second error is that the High Court in para 6 held that there are contradictions in the statements of the witnesses on the point of occurrence.
17. In our view, the High Court had no jurisdiction to appreciate the evidence of the proceedings under Section 482 of the Code Of Criminal Procedure, 1973 (for short "Cr.P.C.") because whether there are contradictions or/and inconsistencies in the statements of the witnesses is essentially an issue relating to appreciation of evidence and the same can be gone into by the Judicial Magistrate during trial when the entire evidence is adduced by the parties. That stage is yet to come in this case." (Emphasis added)
Order Date :- 1.10.2019 Siddhant Sahu
3 issues framed by the court
Whether the High Court can examine the defence of an accused or the veracity of allegations at the stage of quashing a charge sheet under Section 482 Cr.P.C.
Whether the impugned charge sheet suffers from any material irregularity justifying interference under Section 482 Cr.P.C.
Whether the allegations in the charge sheet are capable of establishing a prima facie case under the enumerated IPC sections.
Colour shows how this judgement treated each authority
Md. Allauddin Khan Vs. The State of Bihar & Ors.Explained¶13
Criminal Appeal No.675 of 2019 (Arising out of S.L.P. (Crl.) No.1151 of 2018)
2 provisions across 2 enactments
Dr. Ved Verma
Sudhir Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
