The Supreme Court recently held that the criminal proceedings cannot be quashed merely on the ground that prolonging them will serve no useful purpose when a clear case for the alleged offences has been made out (Satish Kumar Jatav v. the State of UP).
The bench comprising Justices BV Nagarathna and MR Shah held that a reasoned order must be passed by a High Court while it is disposing petitions under Section 482 of the Code of Criminal Procedure (CrPC), 1973.
Section 482 of CrPC saves the inherent powers of a High Court and states that nothing in CrPC can limit or affect the inherent powers of a High Court to make necessary orders to give effect to any order under CrPC, to prevent abuse of the order of the court, or to secure ends of justice.
The Supreme Court, while hearing an appeal against an order of the Allahabad High Court, observed that said order was non-speaking and cryptic and that no independent application of mind can be found.
“ Even from the impugned order passed by the High Court, it appears that while quashing the criminal proceedings, the High Court has observed that no useful purpose will be served by prolonging the proceedings of the case. The aforesaid cannot be good ground and/or ground at all to quash the criminal proceedings when a clear case was made out for the offences alleged,” the Bench observed.
How can a Lawyer help you?
According to the Supreme Court, the High Court must be more cautious while disposing of a petition under Section 482 of CrPC and quashing criminal proceedings for the abovementioned offences. The seriousness of criminal offences and cases is undeniable. Therefore, it is important to consult a criminal lawyer for such cases and engage their expertise for the best results.
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