Chambers of Daksha Kumar
High Courts Not To Enquire If There Is Reliable Evidence While Exercising Section 482;
Updated: Jun 24, 2022
( Code of Criminal Procedure: Supreme Court).
The court's power under section 482 Cr.P.C. is broad, and it should be used cautiously when giving judgement in a case, according to the Supreme Court.
Only in rare and exceptional cases of criminal proceedings, where justice is not being served correctly and the procedure is not being carried out according to the law, could the court intervene.
Furthermore, the High Court cannot use its power under section 482 Cr.P.C. to intervene in the investigation of any FIR/Complaint to determine the veracity or authenticity of the allegations.
In Commercial Complex District Centre, Chandrasekharpur, Bhubaneswar, certain public servants with authority in the Bhubaneswar Development Authority and the Housing and Urban Development Department of the Government of Odisha illegally transferred plots to their relatives.
The perpetrators have been charged with a felony. The defendants petitioned the High Court to have the charge against them dismissed under section 482 of the Code of Criminal Procedure.
The petition was reviewed by the court, and the criminal charges against the three defendants were dismissed.
The complainant appealed to the Supreme Court against the High Court's decision. The Supreme Court found that the defendants' aim was malicious and that they misused their power by disseminating the plots wrongly.
The court went on to say that the ability to dismiss the complaint should only be used in exceptional situations.
The criminal proceedings should not be dismissed under section 482 of the Code of Criminal Procedure. A full investigation should be conducted, followed by the filing of a charge sheet.
The court does not need to have a mini-trial and can proceed on the merits of the allegations. The court's power under section 482 of the Cr.P.C. is extensive, and it should be exercised with caution when making judgements.
It is the court's primary responsibility. The Supreme Court finally overturned the High Court's decision and allowed the matter to be appealed.