Case Note & Summary
The applicants, five individuals, filed a criminal application under Section 482 of the Code of Criminal Procedure read with Article 226 of the Constitution of India seeking quashing of Charge Sheet No.151 of 2009 for alleged offences under Sections 147, 148, 149, 436, 427, 325, 324, 504 and 506 of the Indian Penal Code. The case arose from FIRs registered at Mangrupir Police Station. The applicants contended that they were deliberately and falsely implicated without any acceptable evidence. The investigating officer, in an affidavit dated 23.4.2010, admitted that there was no case against applicant nos. 1 to 3 and no material was collected against them. The court noted that the names of the applicants did not appear in the statements of alleged eye-witnesses, and the investigating officer failed to conduct a test identification parade. The court observed that the material in the charge sheet appeared nugatory on its face value. The court held that continuing the proceedings would be an abuse of the process of law and quashed the charge sheet against all five applicants.
Headnote
A) Criminal Procedure Code - Quashing of Charge Sheet - Section 482 CrPC - Inherent Powers - The High Court quashed the charge sheet against applicants where the investigating officer admitted no material was collected against applicant nos. 1 to 3 and the names of applicants did not appear in witness statements. Held that continuation of proceedings would be an abuse of process of law (Paras 4-7).
Issue of Consideration
Whether the charge sheet against the applicants should be quashed under Section 482 CrPC when there is no material evidence against them and the investigating officer admitted no case against some applicants.
Final Decision
The court allowed the application and quashed Charge Sheet No.151 of 2009 against all five applicants.
Law Points
- Inherent powers under Section 482 CrPC
- Quashing of charge sheet for lack of evidence
- False implication
- Test identification parade
Case Details
2011 LawText (BOM) (08) 147
Criminal Application No.317 of 2010
Shri. P.C. Madkholkar for Applicants, Shri. A.S. Parihar for Respondent/State
Faruqu s/o. Abdul Jahura, Abdul Aziz s/o. Abdul Jahura, Abdul Javed s/o. Abdul Jahura, Mohd. Iftequar s/o. Abdul Jabbar, Abdul Rafiq s/o. Abdul Salam
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of charge sheet.
Remedy Sought
Quashing and setting aside of Charge Sheet No.151 of 2009 for offences under IPC.
Filing Reason
Applicants alleged deliberate and false implication without evidence; investigating officer admitted no material against some applicants.
Previous Decisions
On 25.10.2010, the court noted the investigating officer's affidavit admitting no case against applicant nos. 1 to 3.
Issues
Whether the charge sheet should be quashed when the investigating officer admits no material against some applicants and names do not appear in witness statements.
Submissions/Arguments
Applicants argued they were falsely implicated without evidence; names not in witness statements; no test identification parade held.
State initially admitted no case against applicant nos. 1 to 3 but sought time to file additional affidavit, which was not filed.
Ratio Decidendi
Where the investigating officer admits no material is collected against the accused and the names of the accused do not appear in witness statements, continuing prosecution would be an abuse of process of law, warranting quashing under Section 482 CrPC.
Judgment Excerpts
that so far as the allegations against the applicant nos. 1 to 3 are concerned, the non-applicant fairly admits that there is no case nor investigating Officer was able to collect material against the applicant nos. 1 to 3.
The names of the applicants did not really figure in the statements of so-called eye witnesses...
the investigating Officer did not bother to hold test identification parade.
Procedural History
Application filed under Section 482 CrPC. On 25.10.2010, court noted affidavit of PSI admitting no case against applicant nos. 1 to 3. State sought time on multiple dates to file additional affidavit but failed. Court heard arguments and allowed the application on 5.8.2011.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 482
- Indian Penal Code, 1860 (IPC): 147, 148, 149, 436, 427, 325, 324, 504, 506
- Constitution of India: Article 226
