38.6c New Delhi, India, Friday, October 31, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

No absolute rule that High Court cannot interfere in Sec 482 CrPC petition if investigation is at preliminary stage: Supreme Court [Read Order]

By Saket Sourav      27 March, 2025 01:47 PM      0 Comments
No absolute rule that High Court cannot interfere in Sec 482 CrPC petition if investigation is at preliminary stage: Supreme Court [Read Order]

New Delhi: The Supreme Court has delivered a significant order emphasizing that there is no absolute rule preventing judicial interference in criminal investigations at a preliminary stage. The Court observed that even if an investigation is at its preliminary stage, a court exercising jurisdiction under Section 482 of the Code of Criminal Procedure can interfere.

A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan made crucial observations regarding the approach to quashing First Information Reports (FIRs) during early-stage investigations.

SC on Section 482 CrPC: High Court Can Intervene Even at Preliminary Stage

The Court addressed a case involving two writ petitions in which the petitioners sought appropriate directions regarding the handling of a criminal investigation. The High Court of Judicature at Madras had initially dismissed the petitions, observing that the investigation was at an early stage and that there appeared to be some material to proceed.

Examining the High Court’s order, the Supreme Court stated: “At the preliminary stage, the investigation is still ongoing. The High Court has not considered the plea of the appellants for quashing the First Information Report on merits.”

On the specific issue of whether a court can interfere in a case under Section 482 of the CrPC at a preliminary stage, the Court reiterated:
“There is no absolute rule that, even if the investigation is at a preliminary stage, the Court exercising jurisdiction under Section 482 of the Code of Criminal Procedure cannot interfere.”

In conclusion, while quashing the impugned order, the Court stated: “We quash and set aside the impugned order dated 1st April 2024 and restore Criminal O.P. No. 7963 of 2024 to the file of the High Court of Judicature at Madras.”

Supreme Court Clarifies Scope of HC’s Power to Quash FIRs Under CrPC 482

The Court further directed that the restored petition be listed on 24th March 2025, with all parties required to appear before the High Court on that date.

Counsel for the Parties:

For the Petitioners: Mr. Basant R., Sr. Adv.; Mr. Sudarsh Menon, AOR; Mr. Rajesh Rathod, Adv.; Mr. Akash Rajeev, Adv.; Mrs. Nimisha S. Menon, Adv.; Mr. Kavinesh Rm, Adv.; Mr. Naman Vishishtha, Adv.

For the Respondents: Mr. V. Krishnamurthy, Sr. A.A.G.; Mr. Sabarish Subramanian, AOR; Mr. Vishnu Unnikrishnan, Adv.; Ms. Azka Sheikh Kalia, Adv.; Ms. Jahnavi Taneja, Adv.; Mr. Veshal Tyagi, Adv.; Mr. Danish Saifi, Adv.; Mr. Balaji Srinivasan, AOR; Mr. S. Sabarivasen, Adv.; Ms. Harsha Tripathi, Adv.

Case Title: Kulandaisamy & Anr. vs. State Represented by Its Inspector of Police & Anr.

 

[Read Order]
 



Share this article:

About:

Saket is a final-year law student at The National Law University and Judicial Academy, Assam. He has...Read more

Follow:
Linkedin


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

sc-hints-at-pan-india-guidelines-on-timeline-to-frame-charges
Trending Judiciary
SC hints at pan-India guidelines on timeline to frame charges

SC mulls pan-India guidelines to curb delays in framing charges; notes cases where charges aren’t framed even after years despite BNSS mandate of 60 days.

30 October, 2025 12:22 PM
limitation-for-continuous-breach-runs-only-till-contract-expiry-kerala-hc-clarifies
Trending Judiciary
Limitation for Continuous Breach Runs Only Till Contract Expiry: Kerala High Court Clarifies [Read Judgment]

Kerala HC clarifies that for continuous breach of contract, limitation under Article 55 starts when breach ceases; once contract ends, breach cannot continue.

30 October, 2025 01:37 PM

TOP STORIES

sc-quashes-uapa-arrests-holds-remand-courts-explanation-cannot-replace-written-grounds-of-arrest
Trending Judiciary
SC Quashes UAPA Arrests, Holds Remand Court’s Explanation Cannot Replace Written Grounds Of Arrest [Read Order]

Supreme Court quashes UAPA arrests, ruling that remand court’s explanation cannot substitute the mandatory written grounds of arrest.

25 October, 2025 11:10 AM
ngt-orders-probe-into-illegal-tree-felling-in-delhis-civil-lines-directs-action-within-three-months
Trending Environment
NGT Orders Probe into Illegal Tree Felling in Delhi’s Civil Lines, Directs Action Within Three Months [Read Order]

NGT directs Tree Officer to probe illegal tree felling in Delhi’s Civil Lines and take action under the Delhi Preservation of Trees Act, 1994.

25 October, 2025 11:28 AM
gauhati-hc-quashes-fir-against-cnn-news18-anchor-akansha-swarup-over-kamakhya-temple-remarks
Trending CelebStreet
Gauhati HC Quashes FIR Against CNN-News18 Anchor Akansha Swarup Over Kamakhya Temple Remarks [Read Order]

Gauhati HC quashes FIR against CNN-News18 anchor Akansha Swarup, ruling her Kamakhya Temple remarks were careless but lacked malicious intent.

25 October, 2025 11:43 AM
delhi-hc-upholds-divorce-on-cruelty-grounds-denies-alimony-to-financially-independent-wife
Trending Judiciary
Delhi HC Upholds Divorce On Cruelty Grounds, Denies Alimony To Financially Independent Wife [Read Judgment]

Delhi HC upholds divorce on cruelty grounds, denies alimony to IRTS officer wife, ruling that alimony is for need-based justice, not enrichment.

25 October, 2025 12:10 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email