High Court Must Pass Speaking And Reasoned Order While Exercising Power U/s. 482 CrPC - Supreme Court
A two-judge Bench of Justice MR Shah and Justice BV Nagarathna quashed an order passed by the Allahabad High Court, holding that High Court must pass a speaking and reasoned order while exercising its powers under Section 482 CrPC.
In this case, the accused challenged the order of the Magistrate in the High Court wherein, the Magistrate summoned the accused to face the trial for offences punishable under sections 307, 504, 506 of the Indian Penal Code and section 3(10)(15) of Scheduled Caste and Scheduled Tribes (Prevention of atrocities) Act. The High Court allowed the application and quashed the criminal proceedings and Magistrate's order.
This case is an appeal against the order of the Allahabad High Court, where the appellant contended that the order by the High Court was cryptic and non-reasoned, while the respondent fully supported and defended the impugned judgment.
The Supreme Court opined and noted that the order by the High Court was unsustainable both in law as well as on facts and that there was no discussion by High Court on the allegations that were made against the accused persons and on the legality and validity of the order passed by the Magistrate summoning the accused.
The Court held, that "The learned magistrate issued the summons against the accused after considering the statements of the complainant as well as the witnesses recorded under Sections 200 and 202 of Cr.P.C. and after considering the evidence on record including the injury certificate. The same has been set aside by the High Court in a most cursory and casual manner the manner in which the High Court has disposed of the application under section 482 of the Cr.P.C. and quashed the criminal proceedings is not appreciated at all. In the catena of decisions, the Court has emphasised that the High Court must pass a speaking and reasoned order in such matters."
The court held that while quashing the criminal proceedings the High Court observed that prolonging the proceedings of the case serve no useful purpose and that "The aforesaid cannot be a good ground and/or a ground at all to quash the criminal proceedings when a clear case was made out for the offences alleged."
The Bench further observed that the High Court did not observe how the order passed by the learned Magistrate summoning the accused was wrong and/or erroneous and its manner of disposal of the application and quashing the criminal proceedings under section 482 of Cr.P.C. is deprecated.
The Court opined, that "When serious allegations for the offences under Sections 307, 504, 506 of the Indian Penal Code and the section 3(10)(15) of the Act were made, the High Court ought to have been more cautious and circumspect while considering the application under section 482 Cr.P.C. and quashing the criminal proceedings for the office aforesaid offences".
The Supreme Court thus allowed the appeal and quashed and set aside the order passed by the High Court under section 482 CrPC and also restored the order passed by the magistrate summoning the accused.