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The Supreme Court has recently held that stating that "no useful purpose will be served by prolonging the proceedings of the case," cannot be a good ground or a ground at all to quash the criminal proceedings when a clear case is made out for the offences alleged.

The Apex Court set aside the order of the Allahabad High Court quashing criminal proceedings against a person accused under the Indian Penal Code and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The Apex Court said that "the High Court must pass a speaking and reasoned order in such matters".

A bench of Justice MR Shah and Justice BV Nagarathna opined, "When serious allegations for the offences under Sections 307, 504, 506 of the IPC and Section 3(10)(15) of the Act were made, the High Court ought to have been more cautious and circumspect while considering the application under Section 482 Cr.P.C. and quashing the criminal proceedings for the aforesaid offences."

The bench was hearing a plea challenging a judgment of the Allahabad High Court quashing the criminal proceedings against the accused of offences under sections 307 (attempt to murder), 504 (Intentional insult with intent to provoke breach of the peace), 506 (Punishment for criminal intimidation) of the Indian Penal Code and Section 3(10)(15) (Punishment for offenses atrocities) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Advocate Sudhir Dixit appearing for the appellant submitted that the impugned judgment and order passed by the High Court quashing the criminal proceedings against the accused is a cryptic, non­reasoned order. In addition to this, it was also submitted that in its order after narrating the submissions on behalf of the accused, there is no further independent application of mind by the High Court and no reasons whatsoever have been assigned while quashing the criminal proceedings.

Whereas, Senior Advocate Jayant Mehta appearing for the accused submitted that in the facts and circumstances of the case and after considering the submissions made by counsel for the parties and thereafter when the High Court has quashed the criminal proceedings in exercise of powers under Section 482 of the Code of Criminal Procedure.

It was also submitted that the same may not be interfered with by the Court in the exercise of powers under Article 136 of the Constitution of India.

However, the bench noted that we are of the opinion that the same (High Court judgment) is unsustainable both in law as well as on facts.

The bench also noted, "After narrating the submissions made by the counsel appearing for the parties, we find that there is no further discussion by the High Court on the allegations made against the accused persons and even on the legality and validity of the order passed by the Magistrate summoning the accused."

"We find no independent application of mind by the High Court on the legality and validity of the order passed by the learned Magistrate summoning the accused," the court added.

Court deprecated the manner in which the High Court disposed of the application under Section 482 Cr.P.C. and quashed the criminal proceedings.

The bench also noted, "It can be seen that the impugned judgment and order passed by the High Court is a cryptic, non­speaking order. We find no independent application of mind by the High Court on the legality and validity of the order passed by the learned Magistrate summoning the accused."

Case Title: Satish Kumar Jatav Vs. The State of U.P. & Ors