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Supreme Court of India 2021-11-12 partly_allowed

Jitul Jentilal Kotecha vs State of Gujarat & Ors. etc

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

This case concerns the High Court's jurisdiction under Section 482 of the Criminal Procedure Code to quash an FIR. The appellant purchased disputed land and filed an FIR alleging forgery and conspiracy. The High Court quashed most of the FIR, relying partly on a draft charge-sheet. The Supreme Court held that the High Court transgressed its jurisdiction by: (1) examining a draft charge-sheet not yet filed with the Magistrate; (2) entertaining quashing petitions from persons not named in the FIR; and (3) interfering with the investigative process. The Court reaffirmed that the final report must go to the Magistrate, not the High Court, and that the High Court can only examine charges already filed before a Magistrate. Appeals were partly allowed; the FIR against non-settling respondents was restored for investigation."

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Criminal Procedure Jurisdiction Powers of High Court Quashing of FIR Investigation Section 482 CrPC

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