Case Note & Summary
The petitioners, accused Nos. 1, 2, 4, and 5 in Sessions Case No. 70/2018 pending before the V Additional District and Sessions Judge, Dharwad, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking to quash the order dated 18.03.2019 by which charges were framed against them for offences punishable under Sections 143, 147, 148, 302, 120(B), 201 read with Section 149 of the Indian Penal Code, 1860 (IPC). The case arose from a complaint alleging that the accused persons, along with others, formed an unlawful assembly and committed the murder of the deceased. The trial court, after considering the material on record, framed charges against the petitioners. The petitioners contended that there was no prima facie case against them and that the charges were baseless. The High Court, after hearing the learned Senior Counsel for the petitioners and the learned High Court Government Pleader for the respondent-State, examined the material on record. The court noted that the complaint and other documents indicated the involvement of the petitioners in the alleged offences. The court observed that the power under Section 482 Cr.P.C. is to be exercised sparingly and only to prevent abuse of process of court. Since a prima facie case was made out against the petitioners, the court held that the trial court's order framing charges did not warrant interference. The petition was accordingly dismissed.
Headnote
A) Criminal Procedure Code - Quashing of Charges - Section 482 Cr.P.C. - Prima Facie Case - The High Court held that the power under Section 482 Cr.P.C. to quash proceedings should be exercised sparingly and only to prevent abuse of process of court. Where there is a prima facie case and the charges are supported by material on record, the court cannot quash the proceedings. In the present case, the trial court had framed charges based on the complaint and other materials, and the High Court found that a prima facie case was made out against the petitioners. (Paras 3-5) B) Indian Penal Code - Conspiracy - Section 120-B IPC - Inference from Circumstances - The court observed that conspiracy can be inferred from the circumstances and conduct of the parties. The fact that the accused persons were present at the scene and participated in the assault indicated a common intention and common object. The trial court had rightly framed charges under Section 120-B IPC. (Paras 4-5) C) Indian Penal Code - Murder - Section 302 IPC - Common Intention - Section 149 IPC - The court noted that the allegations in the complaint and the material on record showed that the petitioners were part of an unlawful assembly and had committed murder in furtherance of common object. The trial court had sufficient material to frame charges under Section 302 read with Section 149 IPC. (Paras 4-5)
Issue of Consideration
Whether the order framing charges against the petitioners under Sections 143, 147, 148, 302, 120(B), 201 R/w 149 IPC should be quashed under Section 482 Cr.P.C.
Final Decision
The petition is dismissed. The order dated 18.03.2019 passed by V Addl. District and Sessions Judge, Dharwad in SC No.70/2018 is confirmed.
Law Points
- Section 482 Cr.P.C. cannot be used to quash proceedings if prima facie case exists
- conspiracy can be inferred from circumstances
- common intention and common object can be gathered from conduct
