SC: High Court cannot appreciate evidence of proceedings u/s 482, CrPC

Today, i.e. on 15th April 2019, The Hon’ble Supreme Court, in the matter of Md. Allauddin Khan v. The State of Bihar & Ors., pronounced that the High Court has no jurisdiction to appreciate the evidence of the proceedings under Section 482 of the Code Of Criminal Procedure as an issue relating to appreciation of evidence can be gone into by the Judicial Magistrate during trial when the entire evidence is adduced by the parties.

The Hon’ble Supreme Court observed that:

An order for quashing a complaint is legally unsustainable if there is no finding recorded as to whether any prima facie case against the accused for taking its cognizance is made out or not. (This inference has been drawn on the basis of Para 16)

In order to see whether any prima facie case against the accused for taking its cognizable is made out or not, the Court is only required to see the allegations made in the complaint. (Para 16)

The High Court has no jurisdiction to appreciate the evidence of the proceedings under Section 482 of the Code Of Criminal Procedure as an issue relating to appreciation of evidence can be gone into by the Judicial Magistrate during trial when the entire evidence is adduced by the parties. (This inference has been drawn on the basis of Para 17)

Copy of judgement: Judgement_15-Apr-2019

-Tushar Kaushik

Leave a Reply

Your email address will not be published. Required fields are marked *