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TMI Blog2023 (4) TMI 1330X X X X Extracts X X X X X X X X Extracts X X X X ..... that the charges against the accused are not proved. This is not the stage where the prosecution / investigating agency is/are required to prove the charges. The charges are required to be proved during the trial on the basis of the evidence led by the prosecution / investigating agency. Therefore, the High Court has materially erred in going in detail in the allegations and the material collected during the course of the investigation against the accused, at this stage. At the stage of discharge and/or while exercising the powers u/s 482 CrPC, the Court has a very limited jurisdiction and is required to consider whether any sufficient material is available to proceed further against the accused for which the accused is required to be tried ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v., Mr. Tushar Rawal, Adv., Mr. Nikilesh Ramachandran, AOR, Mr. Nishant Bishnoi , AOR. JUDGMENT M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Misc. Application Nos. 54107 of 2021 and 8233 of 2022 by which the High Court, in exercise of the powers under Section 482 Cr.P.C., has quashed the criminal proceedings of the FIR No. RC0512020S0001 dated 29.04.2020 registered at Police Station State Grime Branch, Chandigarh under Sections 452, 323, 365, 342, 186, 225, 506 and 120-B IPC (earlier registered as FIR No.195 dated 30.08.2014 under Sections 452, 323, 365, 342, 225, 186, 506, 120-B IPC at Police Station Phase-1, Mohali) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erved that the allegations / charges against the accused have not been proved and that the prosecution is malicious. It is submitted that at the stage of deciding the quashing petitions against the order passed by the learned Trial Court, refusing to discharge the accused, the High Court ought not to have considered and/or observed that the charges are not proved. It is submitted that the charges are required to be proved during the trial and on the basis of the evidence led. It is further submitted that even the High Court has materially erred in observing that the prosecution is malicious. It is submitted that the investigation was handed over to the CBI, pursuant to the directions issued by the High Court and, thereafter, after conclusio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s any observation of this Court may affect either of the parties during the trial. 4. Having gone through the impugned common judgment and order passed by the High Court quashing the criminal proceedings and discharging the accused, we are of the opinion that the High Court has exceeded in its jurisdiction in quashing the entire criminal proceedings in exercise of the limited powers under Section 482 Cr.P.C. and/or in exercise of the powers under Article 226 of the Constitution of India. 4.1 From the impugned common judgment and order passed by the High Court, it appears that the High Court has dealt with the proceedings before it, as if, the High Court was conducting a mini trial and/or the High Court was considering the applications again ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chargesheeted. Therefore, the High Court has erred in observing at this stage that the initiation of the criminal proceedings / proceedings is malicious. Whether the criminal proceedings was/were malicious or not, is not required to be considered at this stage. The same is required to be considered at the conclusion of the trial. In any case, at this stage, what is required to be considered is a prima facie case and the material collected during the course of the investigation, which warranted the accused to be tried. 5. In view of the above and for the reasons stated above, when the High Court has exceeded in its jurisdiction in quashing the entire criminal proceedings and applying the law laid down by this Court in catena of decisions on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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