Anand Mohan Saran Vs. CBI - (High Court of Delhi) (26 Oct 2018)

Once there is a prima facie case in existence against Petitioner, his allegation of malafide are of no consequence

MANU/DE/3890/2018

Criminal

Instant is a petition invoking Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing of entire proceeding pending in case registered under Sections 7, 8, and Section 13(1)(d) Read With Section 13(2) of Prevention of Corruption Act, 1988 and Section 120-B of Indian Penal Code, 1860 (IPC) on the ground of lack of evidence. Issue raised in present matter is whether instant petition invoking Section 482 of CrPC for quashing of entire trial proceedings pending in the trial Court is liable to be allowed.

Admittedly, the inherent power under Section 482 is wider than Section 397 of CrPC, however, the inherent power under Section 482 is to be invoked in extraordinary situations to prevent abuse of the process of the law. It is not proper for present Court to bring out the conclusion or guilt or conviction at this stage on the basis of the statement under Section 161 of CrPC and other material documents placed on the record without cross examination having been done by the trial court as the same is subject of trial. The basis of the innocence or the guilt of the offender would depend on the evidence lead by either side with reference to the facts of the case.

Once there is a prima facie case in the existence against petitioner, his allegation of malafide are of no consequence. The admissibility of sequence of audio data would be determined on the basis of facts leading to its recording and preserving its originality as per the Indian Evidence Act, 1872 before the trial Court subject to cross examination and there is no other method to adopt which could facilitate its evidentiary value otherwise. Merely forming the opinion on the basis of the documents placed on record will not bring out the truth of the case.

Nothing significant comes out from the plea of delay in trial by the Petitioner to meet the ends of justice. Therefore, present Court finds no ground to invoke Section 482 of CrPC in present facts and circumstances of the case, the present petition is accordingly rejected.

Tags : FIR QUASHING OF EVIDENCE