# 6 S.C.R. 1208 SANJEET KUMAR v. STATE OF BIHAR & ANR

- **Citation:** [2009] 6 S.C.R. 1208
- **Court:** Supreme Court of India
- **Decided:** 2009-04-27
- **Case number:** Criminal Appeal No. 852 of 2009
- **Bench:** Dr. Arijit Pasayat, Asok Kumar Ganguly
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/6-s-c-r-1208-sanjeet-kumar-v-state-of-bihar-anr-25813
- **Pages:** 5

## Headnote

Code of Criminal Procedure, 1973 - s.482 - Quashing
C of criminal proceedings - Inherent power of High Court under
s.482 - Scope of - Police case by respondent no.2 -
Thereafter appellant filed complaint case - Application moved
by respondent no.2 for discharge u/s.245 rejected-· Petition
u/s.482 alleging counter-blast on part of appellant - Allowed
D by High Court - On appeal, held: High Court came to an
abrupt conclusion that since the complaint case was filed
after filing of police case by respondent no.2, it was filed with
ulterior and oblique motive - That is not the way to deal with
an application under s.482 - Matter remitted to High Court
E for consideration afresh keeping in view the parameters of
s.482.
Respondent no.2 filed a police case. One week later,
the appellant filed a complaint case. Respondent no.2
moved application for discharge uls.245 CrPC which was
F rejected by the Magistrate.
Respondent no.2 filed petition uls.482 CrPC taking
the stand that the complaint of appellant was filed as a
counter-blast. The High Court allowed the petition
G holding that since the complaint case was filed after filing
of the police case by respondent no.2, it was filed with
ulterior and oblique motive.
The order passed by the High Court is challenged in
H
1208
. ;.
-
SANJEET KUMAR v. STATE OF BIHAR & ANR.
1209
the present appeal on the ground that thereby the High
A
Court considered the possible defence of respondent
no.2 which was beyond the scope of consideration under
s.482 CrPC.
Allowing the appeal, the Court
B
HELD: The High Court referred to the respective
stand of the parties and came to an abrupt conclusion
that since the complaint case was filed after filing of the
police case by respondent no.2, it was filed with ulterior
and oblique motive. That certainly is not the way to deal
C
with an application under s.482 CrPC. In the
circumstances, the impugned order of the High Court is
set aside and the matter is remitted for fresh
consideration in accordance with law keeping in view the
parameters of s.482 of Cr.PC. [Paras 6 and 9) [1210-G;
D
1212-F-G]
State of Haryana and Ors. v. Bhajan Lal and Ors. (1992
Supp.(1) sec 335), relied on.
Case Law Reference:
1992 Supp.(1) SCC 335 relied on
Para 7

## Text

A
B
(2009] 6 S.C.R. 1208
SANJEET KUMAR
v.
STATE OF BIHAR & ANR.
(Criminal Appeal No. 852 of 2009)
APRIL 27, 2009
[DR. ARIJIT PASAYAT AND ASOK KUMAR
GANGULY, JJ.)
Code of Criminal Procedure, 1973 - s.482 - Quashing
C of criminal proceedings - Inherent power of High Court under
s.482 - Scope of - Police case by respondent no.2 -
Thereafter appellant filed complaint case - Application moved
by respondent no.2 for discharge u/s.245 rejected-· Petition
u/s.482 alleging counter-blast on part of appellant - Allowed
D by High Court - On appeal, held: High Court came to an
abrupt conclusion that since the complaint case was filed
after filing of police case by respondent no.2, it was filed with
ulterior and oblique motive - That is not the way to deal with
an application under s.482 - Matter remitted to High Court
E for consideration afresh keeping in view the parameters of
s.482.
Respondent no.2 filed a police case. One week later,
the appellant filed a complaint case. Respondent no.2
moved application for discharge uls.245 CrPC which was
F rejected by the Magistrate.
Respondent no.2 filed petition uls.482 CrPC taking
the stand that the complaint of appellant was filed as a
counter-blast. The High Court allowed the petition
G holding that since the complaint case was filed after filing
of the police case by respondent no.2, it was filed with
ulterior and oblique motive.
The order passed by the High Court is challenged in
H
1208
. ;.
-
SANJEET KUMAR v. STATE OF BIHAR & ANR.
1209
the present appeal on the ground that thereby the High
A
Court considered the possible defence of respondent
no.2 which was beyond the scope of consideration under
s.482 CrPC.
Allowing the appeal, the Court
B
HELD: The High Court referred to the respective
stand of the parties and came to an abrupt conclusion
that since the complaint case was filed after filing of the
police case by respondent no.2, it was filed with ulterior
and oblique motive. That certainly is not the way to deal
C
with an application under s.482 CrPC. In the
circumstances, the impugned order of the High Court is
set aside and the matter is remitted for fresh
consideration in accordance with law keeping in view the
parameters of s.482 of Cr.PC. [Paras 6 and 9) [1210-G;
D
1212-F-G]
State of Haryana and Ors. v. Bhajan Lal and Ors. (1992
Supp.(1) sec 335), relied on.
Case Law Reference:
1992 Supp.(1) SCC 335 relied on
Para 7
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
No. 852 of 2009
E
From the Judgment & Order dated 0.5.2007 of the High
F
Court of Judicature at Patna in Cr. Misc. No. 4619 of 2004.
N. Rai, Shantanu Sagar, Shamsher Singh, Avinash
Sharma and T. Mahipal for the Appellant.
Gopal Singh, Manish Kumar and Pranab Prakash for the
G
Respondent.
The Judgment of the Court was delivered by
DR. ARIJIT PASAYAT, J. 1. Leave granted.
H
1210
SUPREME COURT REPORTS [20091 6 S.C.R.
A
2. Challenge in this appeal is to the order passed by a
learned Single Judge of the Patna High Court allowing the
petition filed in terms of Section 482 of the Code of Criminal
Procedure, 1973 (in short 'Code'). The petition was filed by the
respondent no.2. In the petition challenge was to the order
B dated 22.9.2003 passed by the Chief Judicial Magistrate,
Chapra in Trial No.286 of 2003. The petition filed by the present
respondent no.2 for discharge under Section 245 of the Code
was rejected. The stand of the applicant before the High Court
was that as a counter blast to certain incidents, the petition had
c been filed belatedly. The present appellant opposed the petition
taking the stand that ultimately it was a question of defence and
could not -have been agitated in an application under Section
482 of the Code.
3. The High Court noted that on the basis of the complaint
D lodged by the present respondent no.2 charge sheet had been
filed. According to him, the original occurrence took place on
5.5.2000 and the complaint was filed after a week as a counter
blast. The High Court by practically a non-reasoned order has
allowed the application filed in terms of Section 482 of the
Code. It is the stand of learned counsel for the appellant that
-
E ultimately what the High Court has done is to consider the
possible defence which is beyond the scope of consideration
under Section 482 of the Code.
4. There is no appearance on behalf of respondent no.2
F despite service of notice.
5. Learned counsel for the State submitted that the State
has a very limited role to play in a complaint case.
6. We find that the High Court has only referred to the
respective stand of the parties and has come to an abrupt
G conclusion that since the complaint case was filed after filing
"
of the police case by the present respondent no.2, it was filed
with ulterior and oblique motive. That certainly is not the way to
deal with an application under Section 482 of the Code.
7. The parameters where exercise of inhere34nt power
H under Section 482 of the Code can be exercised either on proof
SANJEET KUMAR v. STATE OF BIHAR & ANR.
1211
•
[DR. ARIJIT PASAYAT, J.]
of abuse of process of any Court or othel'Wise to secure the A
ends of justice have been highlighted in several cases. In State
, of Haryana and Ors. v. Bhajan Lal and Ors. (1992 Supp. (1)
sec 335), it was held that though it will not be possible to lay
down any precise, clearly defined sufficiently channelized and
inflexible guidelines or rigid formulae and to give an exhaustive
B
list of myriad kinds of cases wherein such power should be
.•
exercised, certain illustrative cases were indicated. They are
as follows:
(1)
Where the allegations made in the first information
report or the complaint, even if they are taken at c
their face value and accepted in their entirety do not
prima facie constitute any offence or make out a
case against the accused.
(2)
Where the allegations in the first information report D
and other materials, if any, accompanying the FIR
do not disclose a cognizabe offence, justifying an
investigation by police officers under.Section 156(1)
of the Code except under an order of a Magistrate
within the purview of Section 155(2) of the Code.
E
(3)
Where the uncontroverted allegations made in the
FIR or complaint and the evidence collected in
support of the same do not disclose the
commission of any offence and make· out a case
against the accused.
F
(4)
Where, the allegations in the"Fl.R do not constitute
a cognizable offence but constitute only a noncognizable offence, no investigation is permitted by
a police officer without an order of a Magistrate as
G
contemplated under Section 155(2) of the Code.
(5)
Where the allegations made in the FIR or complaint
are so absurd and inherently improbable on the
basis of which no prudent person can ever reach a
just conclusion that there is sufficient ground for H
A
B
1212
SUPREME COURT REPORTS [2009) 6 S.C.R.
proceeding against the accused.
(6)
Where there is an express legal bar engrafted in
any of the provisions of the Code or the concerned
Act (under which a criminal proceeding is instituted)
to the institution and continuance of the
proceedings and/or where there is a specific
provision in the Code or the concerned Act,
providing efficacious redress for the grievance of
the aggrieved party.
c
(7)
Where a criminal proceeding is manifestly attended
with mala fide and/or where the proceeding is
maliciously instituted with an ulterior motive for
wreaking vengeance on the accused and with a
v.iew to spite him due to private and personal
0
grudge.
E
F
8. A note of caution was indicated in the following words:
"103. We also give a note of caution to the effect that the
power of quashing a criminal proceeding should be
exercised very sparingly and with circumspection and that
too in the rarest of rare cases; that the court will not be
justified in embarking upon an enquiry as to the reliability
or genuineness or otherwise of the allegations made in the
FIR or the complaint and that the extraordinary or inherent.
powers do not confer an arbitrary jurisdiction on the court
to act according to its whim or caprice."
9. In the circ:.imstances, we set aside the impugned order
of the High Court and remit the matter for a fresh consideration
in accordance with law keeping in view the parameters of
G Section 482 of the Code.
10. The appeal is allowed to the aforesaid extent.
11. We make it clear that we have not expressed any
opinion on the merits of the case.
H 8.8.8.
Appeal allowed.
•