VidhiSangh

Supreme Court of India · 11/07/2022

STATE OF UTTAR PRADESH & ANR. versus AKHIL SHARDA & ORS.

[2022] 6 S.C.R. 772 · 2022 INSC 705

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Summary

A licensed liquor dealer paid about Rs 93 lakh to United Breweries for three truckloads of beer; two GPS-tracked trucks dispatched through the brewery's transporter vanished near Lucknow in September 2018 and the dealer lodged an FIR under Sections 406 and 420 IPC. After investigation a charge-sheet was filed and the accused summoned; the transporter had lodged a separate FIR against the drivers, and the goods were later delivered. The Allahabad High Court, under Section 482 CrPC, quashed the proceedings arising from the dealer's FIR, observing that no loss was caused to the Excise Department, while transferring the other FIR to the CB-CID. The Supreme Court restored the proceedings.

Issues

  1. Whether the High Court may, in exercise of power under Section 482 CrPC, quash a charge-sheet and summoning order by appreciating the evidence and conducting what amounts to a mini trial.
  2. Whether criminal proceedings arising from one FIR can be quashed when it is interconnected with another FIR and the allegations disclose a larger conspiracy warranting investigation.
  3. Whether delay of six months in pronouncing a reserved judgment vitiates it.

Provisions considered

Held

Result

Appeals allowed; the Allahabad High Court's order of 06.03.2020 set aside to the extent it quashed Criminal Case No. 5694 of 2019 arising from Case Crime No. 260 of 2018, P.S. Husainganj, Lucknow, and the proceedings before the trial court restored.

Judgment PDF: Supreme Court of India, [2022] 6 S.C.R. 772.