The Hon’ble High Court cannot go into the correctness of the material placed by the prosecution in the chargesheet at the stage of deciding an application under Section 482 Cr.P.C: Supreme Court of India
(MANIK B. Versus KADAPALA SREYES REDDY & ANR, SLP(Crl) No. 2924 of 2023, DECIDED ON 07.08.2023) The Hon’ble Supreme Court held that at the stage of deciding an application under Section 482 Cr.P.C., it is not permissible for the High Court to go into the correctness or otherwise of the material placed by the prosecution in the chargesheet. The Hon’ble Supreme Court while setting aside the order dated 02.01.2023 whereby the Hon’ble Karnataka High Court quashed the proceedings against the accused person for the offences punishable under Sections 143, 147, 120B, 150, 387, 302 read with Section 149 of IPC, held that: “The factors which the Court is required to take into consideration, while quashing the proceedings under Section 482 of the Code of Criminal Procedure, 1973 (in short “Cr.P.C.”) and while considering an application for discharge are totally different.” “Whether the testimony of the witnesses is trustworthy or not has to be found out from the examination-in-chief and the cross-examination of the witnesses when they stand in the box at the stage of such trial.” The Hon’ble Supreme Court further held that: “The scope of interference, while quashing the proceedings under Section 482 Cr.P.C. and that too for a serious offence like Section 302 of Indian Penal Code is very limited. The Court would exercise its power to quash the proceedings only if it finds that taking the case at its face value, no case is made out at all. At the stage of deciding an application under Section 482 Cr.P.C., it is not permissible for the High Court to go into the correctness or otherwise of the material placed by the prosecution in the chargesheet. The High Court by the impugned order has done exactly the same.” The Hon’ble Supreme Court allowed the appeal and remitted back the case for trial.
