In Application u/s 482 No. 5955 of 2022-ALL HC No mini trial can be conducted by High Court while disposing of application under Section 482 CrPC, reaffirms Allahabad HC Justice Om Prakash Tripathi [08-08-2022]

Read Order: Sunita Vishwakarma And 3 Others v. State of U.P. and Another 

Tulip Kanth

Lucknow, August 12, 2022: While directing the applicants-accused to appear before the court and apply for bail, the Allahabad High Court has opined that at the stage of deciding application u/s 482 of the CrPC, High Court cannot get into appreciation of evidence of the particular case being considered.

The Bench of Justice Om Prakash Tripathi was considering an application under Section 482 CrPC which was filed by  the applicants to quash the entire proceeding arising out of a case registered under Sections 323, 504, 325 of the IPC. 

The main grievance of the applicants was that the entire prosecution was mala fide, false and no case under Section 325 I.P.C. was made out against the applicant. It was also contended that the application under Section 155(2) Cr.P.C. had been moved after the interval of three years and the injury of the victim was simple in nature.

The Bench refused to accept the prayer of the applicants as the X-ray report showed that there appeared to be a fracture and on the said basis the Investigating Officer had submitted a charge sheet against the applicant. Cognizance had also been granted by the concerned Magistrate. So on the basis of materials on record, prima facie offence was made out against the applicant, opined the Bench.

“It is settled law that in disposal of application under Section 482 Cr.P.C. no mini trial can be conducted by the High Court”, said the Bench while also adding  that the question of facts shall be decided after hearing the evidence of both the parties. 

Observing that the power u/s 482 is an extraordinary inherent power which should be exercised sparingly and referring to the judgment in Satender Kumar Antil Vs. Central Bureau of Investigation and another, the Bench disposed of the application with the direction that if the applicants appear and surrender before the court concerned within 15 days and apply for bail, the same shall be heard and disposed of expeditiously by the courts below.