In Crim. Appeal No.1196 OF 2022-SC- High Court quashed final report u/s 482 CrPC without adverting to facts or law by cryptic order, says SC while setting aside Kerala HC’s Order Justices D.Y. Chandrachud & A.S. Bopanna [11-08-2022]



Mansimran Kaur

New Delhi, August 13, 2022: The Supreme Court has recently set aside a cryptic order of the Kerala High Court which was passed while dealing with a petition filed under Section 482 of Cr.P.C.

The Division Bench of Justice D.Y. Chandrachud and Justice A.S. Bopanna allowed the present appeal instituted by the appellant in the present case who was arraigned as the second respondent  in Criminal Miscellaneous Case instituted before the Kerala High Court. By the said order, the High Court allowed the petition under Section 482 of Cr.P.C. and quashed the final report submitted alleging commission of offence under Sections 420, 465, 468 and 472 IPC .

The bench was of the view that High Court quashed the final report without adverting to either the facts or law by a cryptic order.

The facts in brief were that the appellant as de facto complainant filed a complaint dated before the Sub-Inspector alleging that the cheque of Canara Bank, Payyannur Branch relating to an account standing in the name of the appellant had been fraudulently obtained by the second respondent and on forging the appellant’s signature, had attempted to extract amount from her account. 

It was specifically alleged that the signature on the cheque is forged and the cheque was drawn for a sum of Rs 3, 50,000 and was presented through the Federal Bank, Payyannur Branch through the account maintained by the second respondent. The complaint further alleged that the cheque was allotted to the appellant by the Canara Bank, 30 years back and was not in use for want of a new MCRI number. 

Based on the said complaint an FIR came to be registered for offence under Sections 420, 465, 468 and 472 IPC. Pursuant thereto the investigation was conducted and the final report under Section 173 Cr.P.C. was filed before the Competent Court. The second respondent  herein was accordingly accused of having committed the crime alleged by the appellant.

The appellant, at that stage, filed the petition under Section 482 before the High Court seeking that the final report be quashed. The appellant was arrayed as the second respondent  to the said petition. The High Court by an impugned order allowed the petition and quashed the proceeding. 

After hearing the submissions of the parties, the Court noted that though a detailed investigation was conducted and the final report was filed, the order of the High Court indicated that while exercising the power under Section 482 Cr.P.C, the order passed was not only brief, but cryptic.

 The High Court neither adverted to the facts arising in the case in detail nor to the nature of the allegation which led to the investigation and the filing of the final report. The only observation which appeared to have influenced the decision of the High Court was that the cheque leaf belonged to the appellant, it contained her signature and there was no allegation of threat Thus, the appellant being aggrieved of the same instituted the appeal before the present Court, opined the Bench.

The Court further noted that the High Court quashed the final report without adverting to either the facts or law by a cryptic order and thus the Bench opined that it would be appropriate to set aside the order and restore the petition to the file to the High Court so as to enable the parties to put forth their contentions and allow the High Court to comprehensively advert to the matter on facts and law. Hence, the appeal was allowed.

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