38.6c New Delhi, India, Thursday, August 28, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Section 482 CrPC: HC Cant Enter Into Question Of Mens Rea Before Completion Of Investigation: SC [Read Judgment]

By LawStreet News Network      29 November, 2018 12:00 AM      0 Comments
Section 482 CrPC: HC Cant Enter Into Question Of Mens Rea Before Completion Of Investigation: SC

The Supreme Court of India on November 28, 2018, in the case of Narayan Malhari Thorat v. Vinayak Deorao Bhagat and Anr. has held that when the investigation was yet to be completed and charge sheet, if any, was yet to be filed, a High Court, in a petition filed by the accused under Section 482 of the Code of Criminal Procedure, 1973,  cannot go into the aspect  whether there was requisite mental element or intention on part of the accused.

In this case, the Bombay High Court had quashed an FIR registered against the accused for abetting suicide. In the suicide note, the deceased had made a definite allegation against the accused.

The Bombay High Court, while quashing the FIR, observed that there is no material whatsoever even of a prima facie nature to establish that the accused had either an intention to aid or instigate or abet Sanjay (victim) to commit suicide.

The appellant, seeking to have the apex court quash the judgment passed by the Bombay High Court contended that the Bombay High Court was not justified in entering into questions whether the record prima facie established that the respondent had requisite intention in order to bring the matter within the confines of Section 306 IPC, 1860, and in quashing the FIR in exercise of jurisdiction under Section 482 CrPC.

The Bench comprising of Justice Uday Umesh Lalit and Justice Dhananjaya Y. Chandrachud allowed the appeal by observing that there are definite allegations that the first respondent would keep on calling the wife of the victim on her mobile and keep harassing her which allegations are supported by the statements of the mother and the wife of the victim recorded during investigation. The record shows that 3-4 days prior to the suicide there was an altercation between the victim and the first respondent. In the light of these facts, coupled with the fact that the suicide note made definite allegation against first respondent, the High Court was not justified in entering into question whether the first respondent had the requisite intention to aid or instigate or abate the commission of suicide. At this juncture when the investigation was yet to be completed and charge-sheet, if any, was yet to be filed, the High Court ought not to have gone into the aspect whether there was requisite mental element or intention on part of the respondent.

The Bench directed the authorities to complete the investigation as early as possible.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

cant-projects-judges-as-political-actors-ex-cjis-former-judges-rebut-statement
Trending Executive
'Can't projects judges as political actors,' ex CJIs, former judges rebut statement by ex judges on statement of Amit Shah [Read Statement]

56 former judges, including ex-CJIs Sathasivam & Gogoi, rebut peers’ statement on Amit Shah, stressing judiciary must stay above politics.

27 August, 2025 06:46 PM

TOP STORIES

if-governor-does-not-declare-on-withholding-assent-for-time-immemorial-court-still-powerless-sc-poser-to-centre
Trending Judiciary
If Governor does not declare on withholding assent for time immemorial, court still powerless, SC poser to Centre

SC asks if Governor can withhold assent to Bills indefinitely, raising concern that legislature may be rendered defunct without judicial remedy.

22 August, 2025 12:41 PM
sc-widens-scope-of-suo-motu-hearing-on-stray-dogs-menace-suspends-previous-order-against-relocation
Trending Judiciary
SC widens scope of suo motu hearing on stray dogs menace; suspends previous order against relocation

SC expands stray dogs case to pan-India, suspends earlier relocation order; allows release after vaccination, bans unregulated feeding.

22 August, 2025 01:06 PM
sc-women-lawyers-body-condemns-sexist-remarks-by-justice-katju-seeks-apology
Trending Judiciary
SC women lawyers' body condemns 'sexist' remarks by Justice Katju; seeks apology [Read Press Release]

SC Women Lawyers Association condemns Justice Katju’s ‘sexist’ remarks, demands public apology; calls comments an assault on dignity of women lawyers.

22 August, 2025 03:49 PM
sc-orders-status-quo-on-sambhal-mosque
Trending Judiciary
SC orders status quo on Sambhal mosque

SC orders status quo on Sambhal mosque till Aug 25; seeks Hindu petitioners’ reply on plea against survey of Mughal-era masjid under dispute.

22 August, 2025 06:22 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email