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]