The Supreme Court in the case Manik B vs Kadapala Sreyes Reddy observed and has stated that the High Court cannot go into the correctness or otherwise of the material placed by the prosecution in the chargesheet wherein the plea is moved seeking quashing of the criminal proceedings which are initiated under section 482 of the Code of Criminal Procedure, 1973.
The bench comprising of Justice B R Gavai, Justice P S Narasimha and Justice Prashant Kumar Mishra in the case observed and has stated that this court would exercise its power to quash the proceedings only if it finds that taking the case at its face value, no case is made out at all.
The bench set aside the order passed by the Karnataka High Court that had quashed criminal proceedings against one of the accused in a murder case.
Adding to it, the court stated that the scope of interference, while quashing the proceedings initiated under section 482 of the Code of Criminal Procedure and that too for a serious offence like Section 302 of Indian Penal Code, 1860 is very limited.
The Supreme Court in the case observed and took the critical view of the High Court the High Court elaborately discussing the statements of the witnesses recorded under Section 161 of the Code of Criminal Procedure.
The court in the case observed and has stated that whether the testimony of the witnesses is trustworthy or not has to be found out from the examination-in-chief and the cross-examination of the witnesses when they stand in the box at the stage of such trial. Thus, the factors which the said court is required to take into the consideration, while quashing of the proceedings which are initiated under section 482 of the CrPC. Thus, the court while considering an application for discharge are totally different.
Further, the court noted that the High Court conducted a mini trial and quashed the proceedings.
Accordingly, the court allowed the appeal and has remitted the matter back to trial court for trial.
