logo
Breaking News
Tip Off

Section 482 CrPC: HC Can’t Enter Into Question Of Mens Rea Before Completion Of Investigation: SC [Read Judgment]

Section 482 CrPC: HC Can’t 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.


854 Views

Leave a Reply

Top
ad image