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SC explains scope of proceedings in plea for discharge & quashing of criminal cases

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Synopsis

SC expressed shock over the stand of Uttar Pradesh government that once a charge sheet has been filed, the accused can't do anything till charge is framed and then apply for revision 

The Supreme Court has said that in arguing a case for discharge, the accused can't rely upon any document which is not the part of charge sheet, but in a petition for quashing either under Section 482 of the Code of Criminal Procedure or under Article 226 of the Constitution, a wider challenge is available including on the ground of abuse of process of law.

A bench of Justices Abhay S Oka and Augustine George Masih further pointed out the ground of abuse of process of law will not be available while arguing discharge application, while in proceedings under Section 482 CrPC, the accused can rely upon documents which are not the part of the charge sheet.
 
The court spelled out the differences in dealing with an application for discharge and a plea for quashing the proceedings while hearing a petition filed by Mukesh and others against the Allahabad High Court's order.
 
The High Court had dismissed the writ petition on the statement of the first informant that a charge sheet has been filed.
 
"We are surprised to note that without considering the case of the appellants on merits, the petition has been dismissed as infructuous. We fail to understand how a petition for quashing criminal proceedings becomes infructuous on the ground of filing of a charge sheet. Only on this ground itself, the impugned order deserves to be set aside," the top court's bench said.
 
The court noted it is true that the appellants can apply for discharge. However, the scope of application for discharge is completely different from the scope of a petition for quashing the criminal proceedings.
 
"While arguing a case for discharge, the appellants will not be in a position to rely upon any document which is not the part of charge sheet. The ground of abuse of process of law will not be available while arguing discharge application," the bench added.
 
"However, in a petition for quashing either under Section 482 of the Code of Criminal Procedure, 1973 or under Article 226 of the Constitution, a wider challenge is available including a challenge on the ground of abuse of process of law," the bench further clarified.
 
The court also pointed out in such proceedings, the accused can rely upon documents which are not the part of the charge sheet. Top directed the parties to appear before the High Court on January 6, 2025 without waiting for the notice.
 
Download and read judgement here

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