SC: “No Useful Purpose Will Be Served” cannot be considered as valid reasoning for quashing criminal proceedings

By: Sakunjay Vyas

Published on: May, 21, 2022 at 17:10 IST

The Two-Judge Bench of Justice MR Shah and Justice BV Nagarathna of the Supreme Court overturned the impugned judgment of the High Court of Judicature at Allahabad, by which the High Court had allowed the said application under Section 482 of Cr.P.C. and has quashed the criminal proceedings as well as the summoning order by which the learned Magistrate summoned the original accused to face the trial for the offences punishable under Sections 307, 504, 506 of the IPC and Sections 3(10) and 3(15) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Contentions from the side of the Appellant:

1. That that there is no independent application of mind by the High Court.

2. That no reasons whatsoever have been assigned while quashing the criminal proceedings.

On the other hand, Respondent vehemently opposed Appellant’s contentions.

The Apex Court was shocked by the casual and cryptic manner the High Court took while deciding the case brought in front of them. The Apex Court stated that the impugned judgment and order passed by the High Court is a cryptic, non¬ speaking order. We find no independent application of mind by the High Court on the legality and validity of the order passed by the learned Magistrate summoning the accused.

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 & 202 of Cr.P.C. and after considering the evidence on record, including the injury certificate, the High Court has set the same in a most cursory and casual manner.

…The manner in which the High Court has disposed of the application under Section 482 of Cr.P.C. and quashed the criminal proceedings is not appreciated at all. In a catena of decisions, this Court has emphasized that the High Court must pass a speaking and reasoned order in such matters”. the Court said.

The Apex Court further stated that the High Court has not observed how the order passed by the learned Magistrate summoning the accused was wrong and/or erroneous.

That when severe allegations for the offences under Sections 307, 504, 506 of the IPC and Sections 3(10) and 3(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 offences mentioned above.

That the impugned order of the High Court implies that while quashing the criminal proceedings, the Court observed that prolonging the proceedings would serve no useful purpose.

That if a clear case for the crimes alleged is made out, the reason stated by the High Court that “no useful purpose will be served by prolonging the proceedings of the case” does not serve as a good reason or even a basis for the criminal proceedings to be quashed.

“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 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 Court said.

As a result, the Apex Court overturned the impugned judgment of the High Court of Judicature at Allahabad by stating that the impugned judgment and order passed by the High Court is hereby quashed and set aside. The order passed by the learned Magistrate summoning the accused is hereby restored.

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