Case Note & Summary
The Supreme Court allowed the appeals filed by the appellant, Om Prakash Yadav, against the judgment of the Allahabad High Court which had quashed criminal proceedings against the respondents, including police officers Niranjan Kumar Upadhyay, Vijay Bahadur Singh, Ram Prakash Gunkar, and Ram Baran Singh Yadav. The case arose from the murder of the appellant's brother, Suman Prakash Yadav, and the grievous injury to his son on 12 October 2007 in Firozabad. The appellant lodged an FIR against several accused. On the same day, a separate FIR was registered in Gwalior under the Madhya Pradesh Excise Act against Ashok Dixit, one of the main accused in the murder case, alleging he was arrested at 9:30 AM for carrying illegal liquor. The appellant alleged that the respondents, who were police officers in Gwalior, conspired to create a false excise case to provide an alibi for Ashok Dixit, as the distance between Firozabad and Gwalior (160 km) could not be covered in one hour. The investigating officer in Firozabad filed a charge sheet against the respondents for conspiracy under various sections of the IPC. The respondents filed writ petitions under Section 482 CrPC before the Allahabad High Court, which quashed the proceedings. The Supreme Court held that the High Court exceeded its jurisdiction under Section 482 CrPC by quashing the proceedings at the investigation stage when a prima facie case of conspiracy existed. The Court noted that the allegations, if proven, would constitute a serious abuse of process and that the requirement of sanction under Section 197 CrPC was not applicable as the acts alleged were not in discharge of official duty. The Supreme Court set aside the High Court's order and restored the proceedings, directing the trial court to proceed in accordance with law.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - High Court's Power - The High Court exceeded its jurisdiction under Section 482 CrPC by quashing proceedings at the stage of investigation when a prima facie case of conspiracy existed, as the allegations disclosed that police officers fabricated a false excise case to provide an alibi to the murder accused. Held that the High Court should not have interfered with the investigation at that stage (Paras 1-2, 3-14). B) Indian Penal Code - Criminal Conspiracy - Sections 120-B, 147, 148, 149, 302, 307, 201 IPC - Prima Facie Case - The allegations that the respondents conspired to create a false case under the Excise Act to shield the murder accused from prosecution, given the proximity of time and distance between the two incidents, constituted a prima facie case of criminal conspiracy. Held that the trial court must be allowed to proceed (Paras 3-14). C) Criminal Procedure Code - Sanction for Prosecution - Section 197 CrPC - Applicability - The requirement of sanction under Section 197 CrPC does not apply when the act alleged is not in the discharge of official duty but is a criminal conspiracy. Held that the High Court erred in relying on the absence of sanction to quash proceedings (Paras 12, 14).
Issue of Consideration
Whether the High Court was justified in quashing the criminal proceedings against the respondents under Section 482 CrPC when there was a prima facie case of conspiracy to provide a false alibi to the main accused in a murder case.
Final Decision
The Supreme Court allowed the appeals, set aside the High Court's order dated 19.04.2018, and restored the proceedings in Case No. 67 of 2008 and Case No. 67-A of 2008 pending before the CJM, Firozabad. The trial court was directed to proceed in accordance with law.
Law Points
- Inherent powers under Section 482 CrPC
- Quashing of criminal proceedings
- Prima facie case
- Conspiracy
- Alibi
- Sanction under Section 197 CrPC
- Abuse of process of court
