STATE OF UTTAR PRADESH & ANR. versus AKHIL SHARDA & ORS.

STATE OF UTTAR PRADESH & ANR. versus AKHIL SHARDA & ORS.

The High Court exceeded its jurisdiction by effectively conducting a mini trial and by quashing the criminal proceedings under Section 482 Cr.P.C. without appropriately considering the allegations of a larger interconnected conspiracy and without allowing proper investigation; accordingly the High Court's order...

Source-derived case information.

Parties
Appellant: State of Uttar Pradesh & Anr.; Respondents/accused: Akhil Sharda & Ors.; Informant/complainant: Sanjeet Jaiwal (M/s Beehive Alcoweb)
Jurisdiction
India
Judgment Date
11 July 2022
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Quashing Criminal Proceedings Under Section 482 Cr.p.c.
Outcome
Appeals allowed in part; impugned High Court judgment and order quashing the criminal proceedings set aside
Legal Topics
Quashing of Criminal Proceedings, Section 482 Cr.p.c., Appreciation of Evidence at Quashing Stage, Interconnected Firs and Conspiracy, Speedy Pronouncement of Reserved Judgments
Criminal Procedure Criminal Law Excise Law Quashing of Criminal Proceedings Section 482 Cr.p.c. Appreciation of Evidence at Quashing Stage Interconnected Firs and Conspiracy Speedy Pronouncement of Reserved Judgments

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Parties

State of Uttar Pradesh & Anr.

Appellant

Akhil Sharda & Ors.

Respondents/accused

Sanjeet Jaiwal (M/s Beehive Alcoweb)

Informant/complainant

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Quashing Criminal Proceedings Under Section 482 Cr.p.c.

Legal Issues

  1. 1 Whether the High Court erred in quashing criminal proceedings under Section 482 Cr.P.C. by conducting a mini trial
  2. 2 Whether the High Court improperly restricted the scope of investigation and failed to consider interconnected FIRs and allegations of a larger conspiracy
  3. 3 Whether delay in pronouncement of reserved judgment is a ground for interference

Ratio Decidendi

The High Court exceeded its jurisdiction by effectively conducting a mini trial and by quashing the criminal proceedings under Section 482 Cr.P.C. without appropriately considering the allegations of a larger interconnected conspiracy and without allowing proper investigation; accordingly the High Court's order quashing proceedings under Section 406 IPC (Case Crime No.260 of 2018 / Criminal Case No.5694 of 2019) was set aside and the trial court proceedings were restored to file.

Court Disposition

Appeals allowed in part; impugned High Court judgment and order quashing the criminal proceedings set aside

Orders

  • Impugned judgment and order of the High Court dated 06.03.2020 quashing and setting aside the criminal proceedings arising out of Case Crime No.260 of 2018 (Criminal Case No.5694 of 2019) is quashed and set aside
  • Proceedings before the learned Trial Court in Criminal Case No.5694 of 2019 are ordered to be restored to file