Criminal proceedings against accused can’t be quashed merely because others not charge sheeted: SC

PTI, Dec 29, 2021, 1:31 PM IST

Criminal proceedings against an accused cannot be quashed merely because some of the persons who might have committed the offenses are not charge-sheeted, the Supreme Court has said.

A bench of Justices M R Shah and B V Nagarathna said during the trial if it is found that other accused persons are not charge-sheeted, the court may array them as accused in the exercise of powers under Section 319 CrPC.

“Merely because some of the persons who might have committed the offenses are not charge-sheeted, cannot be a ground to quash the proceedings against the accused charge-sheeted after having found prima facie case against him after investigation,” the bench said in a recent order.

The top court was hearing an appeal filed by Suvarna Cooperative Bank Ltd against a Karnataka High Court order, which quashed criminal proceedings against a man for the offenses under Sections 120B (criminal conspiracy), 408 (criminal breach of trust by the clerk), 409 (criminal breach of trust by public servant) 420 (cheating) and 149 (every member of unlawful assembly guilty of an offense committed in prosecution of common object) of the Indian Penal Code.

The complainant bank filed a complaint before the court of the Additional Chief Metropolitan Magistrate, Bangalore, and an FIR was registered before the Chickpet Police Station under various sections of the IPC. On completing the investigation, a charge sheet was filed against the accused number one in the case.

The accused had approached the high court which quashed proceedings against him because, in the absence of original accused number two and three in the police report, the charge sheet could not have been filed against only accused number 1 The apex court said in this case nothing has been further observed by the high court on merits and/or on the allegations against the accused number one.

“Under the circumstances, the impugned judgment and order passed by the high court quashing the criminal proceedings against the respondent no.2 herein – original accused number one deserves to be quashed and set aside.

“Because of the above and for the reason stated above present appeal succeeds. Impugned common judgment and order passed by the high court quashing the criminal proceedings against the accused number one are hereby quashed and set aside,” the bench said.