SANJAY KUMAR RAI versus STATE OF UTTAR PRADESH & ANR.
[2021] 7 S.C.R. 143, Supreme Court of India, 2021
Outcome: Directions issued
Segment: Facts
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SANJAY KUMAR RAI
v.
STATE OF UTTAR PRADESH & ANR.
(Criminal Appeal No. 472 of 2021)
MAY 07, 2021
[N. V. RAMANA, CJI, SURYA KANT AND
ANIRUDDHA BOSE, JJ.]
Code of Criminal Procedure, 1973 – s.397 – Criminal revision
– Judicial Magistrate declined to discharge appellant in a case u/
ss.504 and 506 IPC – Criminal revision against the order turned
down by High Court on ground of lack of jurisdiction u/s.397 CrPC
while citing a Supreme Court decision in Asian Resurfacing case –
On appeal, held: The High Court apparently under-appreciated
the decision in Asian Resurfacing case – One may say so at least for
two reasons – Firstly, the said case dealt with a challenge to charges
framed under the Prevention of Corruption Act, 1988 (POCA) which
not only is a special legislation, but also contains a specific bar u/
s.19 thereof against routine exercise of revisional jurisdiction –
Secondly, Supreme Court in Asian Resurfacing case while expressing
concern regarding the need to tackle rampant pendency and delays
in criminal law system, followed the ratio laid down in an earlier
decision in Madhu Limaye wherein it is laid down that orders framing
charges or refusing discharge are neither interlocutory nor final in
nature and are therefore not affected by the bar of s.397(2) CrPC –
That apart, the High Court is imbued with inherent jurisdiction to
prevent abuse of process or to secure ends of justice having regard
to the facts and circumstances of individual cases – In
the present
case, the High Court committed jurisdictional error by not
entertaining the revision petition on merits and overlooking the fact
that ‘discharge’ is a valuable right provided to the accused – In line
with the fact that the High Court and the court below did not examine
the fairness of criminal investigation in this case and other related
aspects concerning improvement of witness statements, the High
Court is directed to decide the revision petition afresh – IPC – ss.504
and 506 – Revision.
[2021] 7 S.C.R. 143
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SUPREME COURT REPORTS
[2021] 7 S.C.R.
Jurisdiction – Inherent Jurisdiction – Inherent Jurisdiction
of the High Court – Ambit of – Held: High Court is imbued with
inherent jurisdiction to prevent abuse of process or to secure ends
of justice having regard to the facts and circumstance of individual
cases – However, the High Court, while exercising its afore-stated
jurisdiction ought to be circumspect – Discretion vested in the High
Court is to be invoked carefully and judiciously for effective and
timely administration of criminal justice system – Nonetheless, a
complete hands off approach is not recommended – Albeit, there
should be interference, may be, in exceptional cases, failing which
there is likelihood of serious prejudice to the rights of a citizen –
Abuse of Court – Prevention of – Administration of criminal justice.
Remanding the matter to High Court, the Court
HELD:1.1. While limiting the scope of a criminal revision
to jurisdictional errors alone, the High Court apparently under-
appreciated the Judgment in Asian Resurfacing case. One may say
so at least for two reasons. First, the material facts in the said case
dealt with a challenge to the charges framed under the Prevention
of Corruption Act, 1988 (POCA). The judgment itself enlightens
that not only is POCA a special legislation, but also contains a
specific bar under Section 19 against routine exercise of revisional
jurisdiction. Second, this Court in Asian Resurfacing while expressing
concern regarding the need to tackle rampant pendency and delays
in our criminal law system, followed the ratio laid down in an earlier
decision in Madhu Limaye. [Para 13][149-G-H; 150-A-B]
1.2. The correct position of law as laid down in Madhu
Limaye, is that orders framing charges or refusing discharge are
neither interlocutory nor final in nature and are therefore not
affected by the bar of Section 397 (2) of CrPC. That apart, the
High Court is imbued with inherent jurisdiction to prevent abuse
of process or to secure ends of justice having regard to the facts
and circumstance of individual cases. As a caveat it may be stated
that the High Court, while exercising its afore-stated jurisdiction
ought to be circumspect. The discretion vested in the High Court
is to be invoked carefully and judiciously for effective and timely
administration of criminal justice system. This Court,
nonetheless, does not recommend a complete hands off approach.
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Albeit, there should be interference, may be, in exceptional cases,
failing which there is likelihood of serious prejudice to the rights
of a citizen. For example, when the contents of a complaint or the
other purported material on record is a brazen attempt to
persecute an innocent person, it becomes imperative upon the
Court to prevent the abuse of process of law. [Para 15][151-B-E]
2. Further, it is well settled that the Trial court while
considering the discharge application is not to act as a mere post
office. The Court has to sift through the evidence in order to find
out whether there are sufficient grounds to try the suspect. The
court has to consider the broad probabilities, total effect of
evidence and documents produced and the basic infirmities
appearing in the case and so on. Likewise, the Court has sufficient
discretion to order further investigation in appropriate cases, if
need be. [Para 16][151-E-F]
3. In the present case, the High Court committed
jurisdictional error by not entertaining the revision petition on
merits and overlooking the fact that ‘discharge’ is a valuable right
provided to the accused. In line with the fact that the High Court
and the court below have not examined the fairness of criminal
investigation in this case and other related aspects concerning
improvement of witness statements, it is necessary for the High
Court to reconsider the entire matter and decide the revision
petition afresh. [Para 18][151-G-H; 152-A-B]
Madhu Limaye v. State of Maharashtra (1977) 4 SCC
551:[1978] 1 SCR 749 and Union of India v. Prafulla
Kumar Samal (1979) 3 SCC 4: [1979] 2 SCR 229 – relied
on.
Asian Resurfacing of Road Agency Pvt. Ltd. v. Central
Bureau of Investigation (2018) 16 SCC 299: [2018] 2 SCR
1045 – referred to.
Case Law Reference
[1978] 1 SCR 749
relied on
Para 13
[2018] 2 SCR 1045
referred to
Para 8
[1979] 2 SCR 229
relied on
Para 16
SANJAY KUMAR RAI v. STATE OF UTTAR PRADESH & ANR.
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SUPREME COURT REPORTS
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CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
472 of 2021
From the Judgment and Order dated 28.11.2018 of the High Court
of Judicature at Allahabad in Criminal Revision Defective No. 325 of
2014.
Deepak Nargolkar, Sr. Adv., Mrs. Prerna Singh, Mrs. Divya
Mishra, Shantanu Sagar, Advs. for the Appellant.
S.R. Singh, Sr. Adv., Ankur Prakash, Adv. for the Respondents.
The Judgment of the Court was delivered by
SURYA KANT, J,
1. Leave granted.
2. This appeal emanates from the judgment dated 28.11.2018
passed by the High Court of Judicature at Allahabad whereby a criminal
revision against the order dated 13.03.2014 of the Chief Judicial
Magistrate, Sant Kabir Nagar refusing to discharge the appellant in
N.C.R. No.120/2012 under Sections 504 and 506 of Indian Penal Code,
1860 [hereinafter referred to as “IPC”], has been turned down.
3. A brief reference to the facts may be necessary for disposal of
the present appeal. A complaint was lodged with the jurisdictional police
by Respondent No.2 (Kuldeep Mishra), who claimed to be a newspaper
correspondent working for ‘The Pioneer’. It was alleged that he had
conducted a journalistic investigation for malpractices against one gas
agency, namely ‘Kalpana Indane Service’. He had also applied for certain
information under the Right to Information Act 2005, so as to conduct
investigation on alleged black marketing of gas cylinders by the aforesaid
agency. The appellant herein is
a partner in the aforesaid gas agency.
As per the NCR report it is stated that the appellant, while he was
responding to the calls made by Respondent No.2, started calling him
names and threatened to kill Respondent No.2. It is alleged that the
appellant had threatened Respondent No.2 to pump numerous bullets in
his face so that he may not even be recognized.
4. On 08.05.2012 the complainant filed an application before the
concerned Chief Judicial Magistrate (“CJM”) under Section 155 (2)
Cr.P.C. for conducting investigation in the aforesaid allegations. The
Court accordingly directed investigation and ordered the local police to
submit the report.
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 5. It may be noted that during the course of investigation statement
of complainant was recorded by the police which forms part of the case
diary. The material allegations as stated in the aforesaid statement are
as follows:-
“………..The applicant had kept the speaker of his mobile on
and from his mobile no. XXXX telephoned to Sanjay Rai’s mobile
no.XXXX to enquire about the latest irregularities in the said gas
agency. On mobile itself, Sanjay Rai started to give filthy abuses
to the applicant and threatened to kill him. At the same he also told
that your right to information and intellectual concerns shall be
kept back in your hands. I will shot [sic.] such number of bullets
that even your face could not be recognized. Mohd. Sahrif Kahn
and Umesh Kumar Bhatt had also heard the threatening given by
Sanjay Rai.”
It is apparent that there is material change in the statement of the
respondent – complainant wherein he introduced Mohd. Sharif Khan
and Umesh Kumar Bhatt as witnesses for the call made by the appellant
herein.
6. In any case, on 21.07.2012 a charge sheet came to be filed
against the appellant/accused under Sections 504 and 506 IPC based on
the statement of complainant and the affidavits of two witnesses. It may
not be out of context to mention here that the Investigating Officer did
not deem it necessary to take the version of the appellant on record or
consider his side of story also.
 7. The CJM took cognizance of the matter on 08.11.2012.
However, well before for framing of the charges the appellant sought his
discharge under Section 239 Cr.P.C. contending that the complainant has
falsely implicated him and the allegation of telephonic threats does not
constitute an offence under Sections 504 and 506 of IPC. It was further
averred that the investigation was not fair and was unilateral in its approach
wherein the investigating officer had made no efforts to find out the truth
and had instead relied on the statement of the complainant and other
planted witnesses to fasten a case against the appellant. The learned
CJM did not agree with the appellant’s plea and rejected his discharge
application observing as under:-
“xxx
xxx
xxx
SANJAY KUMAR RAI v. STATE OF UTTAR PRADESH & ANR.
[SURYA KANT, J,]
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SUPREME COURT REPORTS
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From perusal of record it is obvious that no affidavit or any
documentary evidence has been filed by the applicant/accused in
support of his discharge-application.
The fact that which word has been used as abuses and threatening
by the applicant is a matter of evidence which can not be
determined at this stage. [sic.]
From oral as well as documentary evidences on records, there
are sufficient evidence on records to frame charges against the
accused.
In view of the aforesaid facts and circumstances, the application
dated 20.02.2014 filed by the applicant Shree Sanjay Kumar Rai,
U/s-239, Cr.P.C. does not appear to be maintainable at this stage
and therefore is liable to be rejected.
xxx
xxx
xxx”
8. The appellant aggrieved by the aforesaid order approached the
High Court through a Criminal Revision Petition, seeking reversal of
CJM’s order. The High Court relying on the judgment of this Court in
Asian Resurfacing of Road Agency Pvt. Ltd. v. Central Bureau of
Investigation1 observed that interference in the order framing charges or
refusing to discharge is called for in rarest of rare case only to correct the
patent error of jurisdiction. Finding no such jurisdictional error in CJM’s
order the Criminal Revision Petition was dismissed.
9. Dissatisfied with the aforesaid impugned order, the appellant-
accused has approached this Court through Special Leave Petition.
CONTENTIONS:
10. Learned Counsel for the appellant urged
that prima facie, the
story of the complainant seems dubious, for he himself initiated the phone
call, put it on speaker and had two witnesses ready to listen to the
conversation. No call records had been sought by the police, affidavits of
the witnesses were blindly accepted and no attempt was made to record
their statements under Section 161 of CrPC. The Investigating Officer
proceeded with a closed mind and casually overlooked the credentials of
the complainant who is involved in seven criminal cases including under
Sections 323, 504 and 506 of IPC. A letter from the Resident Editor of
1 (2018) 16 SCC 299
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‘The Pioneer’ was also produced, showing that the complainant was not
employed with their newspaper around the time of the alleged incident.
11. On the other hand, learned State Counsel urged that the
allegations make for a clear case under Sections 504 and 506 of IPC and
that no error was committed by the High Court or the CJM. In addition
to the judgment of this Court which the High Court relied upon, he
buttressed his submissions citing State of Karnataka v. M.R. Hiremath2
which held that the Court ought not to enter into questions of evidentiary
value of the material adduced at the stage of considering discharge, and
Srilekha Sentelkumar v. CBI3 whereby this Court opined that it was
impermissible to look into the merits of the case while exercising powers
under Section 239 CrPC.
ANALYSIS :
12. At the outset, we may note that the High Court has dismissed
the Criminal Revision on the ground of lack of jurisdiction under Section
397 of Cr.P.C. The High Court did not examine the issue in detail to find
out whether the continuation of proceedings will amount to abuse of
process of law in this case. The impugned order cites the decision of this
Court in Asian Resurfacing (supra) wherein it was noted as under:-
“…Thus, we declare the law to be that order framing charge is
not purely an interlocutory order nor a final order. Jurisdiction
of the High Court is not barred irrespective of the label of a
petition, be it under Sections 397 or 482 CrPC or Article
227 of
the Constitution. However, the said jurisdiction is to be exercised
consistent with the legislative policy to ensure expeditious disposal
of a trial without the same being in any manner hampered. Thus
considered, the challenge to an order of charge should be
entertained in a rarest of rare case only to correct a patent error
of jurisdiction and not to re-appreciate the matter.”
13. It appears to us that while limiting the scope of a criminal
revision to jurisdictional errors alone, the High Court apparently under-
appreciated the Judgment in Asian Resurfacing (supra). We say so at
least for two reasons. First, the material facts in the above-cited case
dealt with a challenge to the charges framed under the Prevention of
Corruption Act, 1988 (“POCA”). The cited judgment itself enlightens
2 (2019) 7 SCC 515
3 (2019) 7 SCC 82
SANJAY KUMAR RAI v. STATE OF UTTAR PRADESH & ANR.
[SURYA KANT, J,]
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that not only is POCA a special legislation, but also contains a specific
bar under Section 19 against routine exercise of revisional jurisdiction.
Second, This Court in Asian Resurfacing (Supra) while expressing
concern regarding the need to tackle rampant pendency and delays in our
criminal law system, followed the ratio laid down in an earlier decision in
Madhu Limaye v. State of Maharashtra4 as can be seen from the
following extract:
“27. Thus, even though in dealing with different situations,
seemingly conflicting observations may have been made while
holding that the order framing charge was interlocutory order
and was not liable to be interfered with under Section 397(2) or
even under Section 482 CrPC, the principle laid down in Madhu
Limaye [Madhu Limaye v. State of Maharashtra, (1977) 4 SCC
551: 1978 SCC (Cri) 10] still holds the field. Order framing
charge may not be held to be purely an interlocutory order and
can in a given situation be interfered with under Section 397(2)
CrPC or 482 CrPC or Article 227 of the Constitution which is a
constitutional provision but the power of the High Court to
interfere with an order framing charge and to grant stay is to
be exercised only in a exceptional situation.”
(emphasis supplied)
14. In Madhu Limaye (supra), this Court authoritatively held:
“9… Sometimes the revisional jurisdiction of the High Court has
also been resorted to for the same kind of relief by
challenging
the order taking cognizance or issuing processes or framing charge
on the grounds that the Court had no jurisdiction to take
cognizance and proceed with the trial, that the issuance of process
was wholly illegal or void, or that no charge could be framed as
no offence was made out on the allegations made or the evidence
adduced in Court..
10. … Even assuming, although we shall presently show that it is
not so, that in such a case an order of the Court taking cognizance
or issuing processes is an interlocutory order, does it stand to
reason to say that inherent power of the High Court cannot be
exercises for stopping the criminal proceeding as early as possible,
instead of harassing the accused up to the end? The answer is
4 (1977) 4 SCC 551
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obvious that the bar will not operate to prevent the abuse of
the process of the Court and/or to secure the ends of justice.
The label of the petition filed by an aggrieved party is
immaterial.
(emphasis supplied)
15. The correct position of law as laid down in Madhu Limaye
(supra), thus, is that orders framing charges or refusing discharge are
neither interlocutory nor final in nature and are therefore not affected by
the bar of Section 397 (2) of CrPC. That apart, this Court in the above-
cited cases has unequivocally acknowledged that the High Court is imbued
with inherent jurisdiction to prevent abuse of process or to secure ends
of justice having regard to the facts and circumstance of individual cases.
As a caveat it may be stated that the High Court, while exercising its
afore-stated jurisdiction ought to be circumspect. The discretion vested
in the High Court is to be invoked carefully and judiciously for effective
and timely administration of criminal justice system. This Court,
nonetheless, does not recommend a complete hands off approach. Albeit,
there should be interference, may be, in exceptional cases, failing which
there is likelihood of serious prejudice to the rights of a citizen. For
example, when the contents of a complaint or the other purported material
on record is a brazen attempt to persecute an innocent person, it becomes
imperative upon the Court to prevent the abuse of process of law.
16. Further, it is well settled that the
trial court while considering
the discharge application is not to act as a mere post office. The Court
has to sift through the evidence in order to find out whether there are
sufficient grounds to try the suspect. The court has to consider the broad
probabilities, total effect of evidence and documents produced and the
basic infirmities appearing in the case and so on. [Union of India v.
Prafulla Kumar Samal5]. Likewise, the Court has sufficient discretion
to order further investigation in appropriate cases, if need be.
17. This brings us to the present case wherein the High Court has
not gone into the merits of the case and did not analyze the case in light
of the settled law referred to above.
18. The High Court has committed jurisdictional error by not
entertaining the revision petition on merits and overlooking the fact that
‘discharge’ is a valuable right provided to the accused. In line with the
5 (1979) 3 SCC 4
SANJAY KUMAR RAI v. STATE OF UTTAR PRADESH & ANR.
[SURYA KANT, J,]
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fact that the High Court and the court below have not examined the
fairness of criminal investigation in this case and other related aspects
concerning improvement of witness statements, it is necessary for the
High Court to reconsider the entire matter and decide the revision petition
afresh. Accordingly, we set aside the impugned order dated 28.11.2018
and remand the case back to the High Court for its reconsideration in
accordance with law.
19. The appeal is disposed of in the aforesaid terms.
All the pending application(s), if any, also stands disposed of
accordingly.
Bibhuti Bhushan Bose
Matter remanded to High Court.