April 22, 2019
Case name: Md. Allauddin Khan v. State of Bihar & anr.
This appeal is directed against High Court of Patna’s judgment, whereby the Court quashed the complaint filed by the appellant. The Lower Court in the case had taken cognizance of the complaint filed by the appellant against respondents by holding that a prima facie case was made out against respondents.
The Two-Judge Bench of the Supreme Court while examining the order of the High Court was of the view that the approach of the High Court in quashing the complaint was faulty. Other observations made by the Court in the case were that:
That the High Court did not examine the case with a view to find out as to whether the allegations made in the complaint prima facie make out the offences falling under Sections 323, 379 read with Section 34 IPC or not. The High Court should have seen that when a specific grievance of the appellant in his complaint was that respondents have committed the aforementioned offences then the question to be examined is as to whether there are allegations of commission of these two offences in the complaint or not.
That in order to see whether any prima facie case against the accused for taking its cognizable is made out or not, the Court is only required to see the allegations made in the complaint.
It was also noted by the Apex Court in the case that the High Court had no jurisdiction to appreciate the evidence of the proceedings under Section 482 of the Code Of Criminal Procedure, 1973 because whether there are contradictions or/and inconsistencies in the statements of the witnesses is essentially an issue relating to appreciation of evidence and the same can be gone into by the Judicial Magistrate during trial when the entire evidence is adduced by the parties.
In view of the aforesaid, the Supreme Court held that the High Court’s order quashing the criminal complaint is legally unsustainable.
The entire case can be accessed here.