Petition is Maintainable for Quash FIR u/Section 482 CrPC even if Charge Sheet has been Filed- Supreme Court
The judgment was delivered by a Division Bench of Justice SA Bobde and Justice L Nageswara Rao in a Special Leave Petition [ Anand Kumar Mohatta and Anr. v. State (Govt. of NCT of Delhi) Department of Home and Anr. ] against an order of the Delhi High Court which had dismissed the petition.
“Supreme Court ruled that petition is Maintainable under Section 482 of CrPC for quashing of FIR even if a charge sheet has been filed in the case. The Court in the case also reiterated that the High court can exercise jurisdiction under Section 482 of Cr.P.C even when the discharge application is pending with the trial court.”
Bench said:
“There is nothing in the words of this Section which restricts the exercise of the power of the Court to prevent the abuse of process of court or miscarriage of justice only to the stage of the FIR. It is settled principle of law that the High court can exercise jurisdiction under Section 482 of Cr.P.C even when the discharge application is pending with the trial court.”
To arrive at its decision, the Supreme Court relied on earlier Supreme Court’s verdict in the case of Joseph Salvaraj A. v. State of Gujarat, wherein it was observed by the Court that “even if the charge-sheet had been filed, the learned Single Judge could have still examined whether the offences alleged to have been committed by the appellant were prim facie made out from the complainant’s FIR, charge- sheet, documents, etc. or not.”
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