VidhiSangh

Supreme Court of India · 10/04/2023

CENTRAL BUREAU OF INVESTIGATION versus ARYAN SINGH ETC.

[2023] 2 S.C.R. 819 · 2023 INSC 338

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

After an investigation entrusted to the CBI by the High Court led to a chargesheet for offences including house trespass, wrongful confinement and kidnapping, and the trial court dismissed the accused's discharge applications, the Punjab and Haryana High Court under Section 482 CrPC quashed the entire proceedings, observing that the charges were not proved and the prosecution was malicious. The Supreme Court set the order aside, holding that at the stage of discharge or quashing the court must not conduct a mini trial or require the prosecution to prove the charges, its limited jurisdiction being to see whether sufficient material exists to put the accused on trial, and that whether a prosecution is malicious is to be decided at the conclusion of the trial, particularly where the investigation was itself court-directed.

Issues

  1. What is the scope of the High Court's jurisdiction under Section 482 CrPC or Article 226 when quashing criminal proceedings after the trial court has refused discharge.
  2. Whether the High Court could hold at that stage that the charges were not proved or that the prosecution was malicious.

Provisions considered

Held

Result

Appeals allowed; High Court's common judgment dated 04.05.2022 quashing the criminal proceedings against the two accused set aside; the accused to face trial, with all contentions and defences kept open; trial court directed to conclude the trial within twelve months, the allegations dating to 2014.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 819.