An Application under Section 482 of the CrPC Filed by a Person who is in no way Associated with the Criminal Proceeding can’t in General be Entertained by the HC

An application under Section 482 of the CrPC filed by a person who is in no way associated with the criminal proceeding can’t in general be entertained by the HC

The Apex Court had noted that an application under Section 482 of the CrPC filed by a person who is in no way associated with the criminal proceeding or criminal trial can’t in general be entertained by the High Court.

Brief Facts of Case

The appellant is an accused in FIR No.02/2006, Vigilance Department, Lucknow under Sections 420, 467, 468, 471, 477A & 120B IPC and Section 13(1) C/D read with 13(2) of Prevention of Corruption Act, 1988. The Vigilance Department of State of Uttar Pradesh commenced an inquiry on a complaint filed by one R.K. Choudhary (who claimed social activist and an Advocate by profession). Writ Petition No.45047 of 2005 was filed by the appellant in the High Court challenging the Vigilance Inquiry initiated against him. The High Court directed the trial court to expedite the criminal trial and conclude the same at the earliest. Against this order, the accused approached the Apex Court contending that the applicant before the High Court had no locus to file such an application before the High Court.

Observation made by the Court

  • The Court noted that criminal trial where offences involved are under the Prevention of Corruption Act have to be conducted and concluded at the earliest since the offences under Prevention of Corruption Act are offences which affect not only the accused but the entire society and administration. It is also well settled that the High Court in appropriate cases can very well under Section 482 Cr.P.C. or in any other proceeding can always direct trial court to expedite the criminal trial and issue such order as may be necessary.
  • An application by a person who is in no way connected with the criminal proceeding or criminal trial under Section 482 Cr.P.C. cannot ordinarily be entertained by the High Court. A criminal trial of an accused is conducted in accordance with procedure as prescribed by the Criminal Procedure Code. It is the obligation of the State and the prosecution to ensure that all criminal trials are conducted expeditiously so that justice can be delivered to the accused if found guilty. The present is not a case where prosecution or even the employer of the accused have filed an application either before the trial court or in any other court seeking direction as prayed by respondent No.2 in his application under Section 482 Cr.P.C.
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  • Reliance was placed to a judgment in Janata Dal vs. H.S. Chowdhary and others, (1993) 1 SCC 756, the court noted: This Court in the above case laid down that it is for the parties in the criminal case to raise all the questions and challenge the proceedings initiated against them at an appropriate time before the proper forum and not for third parties under the garb of Public Interest Litigants.
  • While setting aside the High Court order, the Court spell out that it will be open for the trial court to expedite the criminal trial, the offences being the offences under the Prevention of Corruption Act, 1988, subject to any order passed by the High Court in pending proceedings.

Case: SANJAI TIWARI vs. STATE OF UTTAR PRADESH

Citation: CRIMINAL APPEAL NO.869 Of 2020

Coram: Justices Ashok Bhushan, R. Subhash Reddy and MR Shah

An application under Section 482 of the CrPC filed by a person who is in no way associated with the criminal proceeding can’t in general be entertained by the HC

Also Read: Adverse Inference Can Be Drawn Against A Party Who Does Not Appear In Person To Depose: SC

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