Allahabad High Court: In an application filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking quashing of the proceedings of summoning order passed by the Judicial Magistrate-II, Subhash Vidyarthi, J. held that while a decision to be made on an application filed under S.482 is before the Court, it must only examine the possibility of a trial of the accused persons at that stage, and not the admissibility, relevance, or sufficiency of the prosecution evidence.
The First Information Report (“FIR”), and the chargesheet filed against the accused persons for offences under Sections – 153 and 506 of the Penal Code, 1860 (‘IPC’)
It was alleged that the accused persons had entered a temple complex during an ongoing religious preaching, and they began to raise slogans hailing another country and against our nation, and of abusing and threatening the persons present in religious preaching.
The Court said that, while deciding an application under Section 482 CrPC, it can only examine whether the case for trial of the accused person is made out based on prosecution allegations and the material collected in support thereof. It cannot go into the questions of admissibility, relevancy or sufficiency of the material collected by the prosecution while deciding the application under S. 482 of CrPC for quashing of the chargesheet and proceedings arising therefrom.
The Court referred Central Bureau of Investigation v. Aryan Singh, 2023 SCC OnLine SC 379, wherein, it was held that while exercising a power under S. 482 of the CrPC, the Court cannot hold a mini trial to adjudicate the correctness of the allegations. The same is for the trial court to determine, post the submission of evidence by the parties.
Relying on Rajeev Kourav v. Baisahab, (2020) 3 SCC 317, the Court substantiated its stance further. Thus, the Court said that while deciding an application under Section 482 CrPC, for quashing of criminal case, they have to examine the prosecution case only to ascertain as to whether the case for trial of the accused persons is made out or not and the defence of the accused cannot be taken into consideration at this stage.
Therefore, the Court held that the allegations of hailing another country while raising slogans against our nation, and also, of abusing and threatening the persons present at the religious preaching, clearly make out a case of trial of the accused persons.
[Faizan Ahmad v. State of UP, 2024 SCC OnLine All 687, Order dated 15-03-2024]
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