SANJAY KUMAR RAI versus STATE OF UTTAR PRADESH & ANR.

SANJAY KUMAR RAI versus STATE OF UTTAR PRADESH & ANR.

The High Court committed a jurisdictional error by refusing to entertain the criminal revision petition on merits under Section 397 CrPC; orders framing charge or refusing discharge are not per se barred by Section 397(2) CrPC and the High Court has inherent jurisdiction to prevent abuse of process; the High Court...

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Parties
Appellant: Sanjay Kumar Rai; Respondent: State of Uttar Pradesh & Anr.; Complainant: Kuldeep Mishra
Jurisdiction
India
Judgment Date
07 May 2021
Procedural Posture
Criminal Appeal (criminal Appeal No. 472 of 2021) / Appeal to the Supreme Court Against High Court Dismissal of Criminal Revision
Outcome
Impugned High Court order dated 28.11.2018 set aside; matter remanded to the High Court for fresh consideration of the criminal revision petition.
Legal Topics
Revision Under Section 397 Cr PC, Discharge Under Section 239 Cr PC, Inherent Jurisdiction of High Court, Abuse of Process, Framing of Charges
Criminal Procedure Criminal Law Revision Under Section 397 Cr PC Discharge Under Section 239 Cr PC Inherent Jurisdiction of High Court Abuse of Process Framing of Charges

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Parties

Sanjay Kumar Rai

Appellant

State of Uttar Pradesh & Anr.

Respondent

Kuldeep Mishra

Complainant

Procedural Posture

Criminal Appeal (criminal Appeal No. 472 of 2021) / Appeal to the Supreme Court Against High Court Dismissal of Criminal Revision

Legal Issues

  1. 1 Whether the High Court erred in declining to entertain the criminal revision petition under Section 397 CrPC
  2. 2 Whether orders framing charge or refusing discharge are barred by Section 397(2) CrPC
  3. 3 Scope of the High Court's inherent jurisdiction to prevent abuse of process or to secure ends of justice

Ratio Decidendi

The High Court committed a jurisdictional error by refusing to entertain the criminal revision petition on merits under Section 397 CrPC; orders framing charge or refusing discharge are not per se barred by Section 397(2) CrPC and the High Court has inherent jurisdiction to prevent abuse of process; the High Court must reconsider the revision petition afresh, examining fairness of investigation and related aspects.

Court Disposition

Impugned High Court order dated 28.11.2018 set aside; matter remanded to the High Court for fresh consideration of the criminal revision petition.

Orders

  • Impugned order dated 28.11.2018 of the High Court of Judicature at Allahabad in Criminal Revision Defective No. 325 of 2014 is set aside.
  • The case is remanded to the High Court to reconsider the criminal revision petition afresh in accordance with law, including examination of fairness of investigation and improvement of witness statements.