SC: Minimum requisites for a judgement in an application u/s 482 CrPC

The Hon’ble Supreme Court, on 3rd December 2018 in the matter of Geeta & Ors. v.State of Uttar Pradesh & Anr. laid down the minimum requisites for passing the final judgement and order in an application filed under Section 482 of the Criminal Procedure Code.

The Hon’ble Supreme Court observed that:

The final judgment and order in an Application filed under Section 482 of the Code of Criminal Procedure, 1973 should

  • mention the bare facts of the case with a view to appreciate the factual controversy, such as, what is the nature of the complaint/FIR filed against the appellants, the allegations on which it is filed, the offences under which appellants prosecution is sought, who filed the complaint/FIR/proceedings,whether it pertains to a cognizable offence or not, the grounds on which the complaint/FIR/ proceedings is challenged, why such grounds are not made out under Section 482 of the Code etc. (Para 9)
  • first set out the brief facts of the case with a view to understand the factual matrix, and
  • then examine the challenge made to the proceedings in the light of the principles of law laid down by the Hon’ble Supreme Court to enable the court to record the findings as to on what basis and the reasoning, these principles apply to the facts of the case at hand so as to either call for any interference therein or not. (Para 11)

Indeed, this is the least that is required in the order in support of the conclusion. It enables the Higher Court to appreciate the facts in its proper perspective and also enable to examine the question as to whether the reasoning given is factually and legally sustainable. (Para 12)

Copy of judgement: Judgement 03-Dec-2018

-Tushar Kaushik

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