54107 of 2021 and 8233 of 2022 by which the High Court, in exercise of the powers under 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) as well as all the subsequent proceedings arising out of the same, the Central Bureau of Investigation (CBI) has preferred the present appeals.
2.3 It is vehemently submitted that in the facts and circumstances of the case, the High Court has exceeded in its jurisdiction while quashing the entire criminal proceedings against the accused Aryan Singh and Gautam Cheema.
It is submitted that whether any criminal proceedings is malicious, is also required to be considered at the conclusion of the trial and not at this stage, namely, at the stage of exercise of powers under Section 482 Cr.P.C.
2.4 Number of submissions have been made on merits also by Shri Nataraj, learned ASG, however, for the reasons stated hereinabove, we are inclined to set aside the impugned common judgment and order passed by the High Court by relegating the accused to face the trial and thereafter the trial is to proceed against the accused, we are not considering the submissions made on behalf of the CBI as well as on behalf of the accused on merits.
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.
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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.
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 exercise of powers at the stage of discharge and/or quashing the criminal proceedings, the impugned common judgment and order passed by the High Court quashing the criminal proceedings against the accused is unsustainable and the same deserves to be quashed and set aside.
Considering the fact that the allegations in the FIR relates back to the year 2014 and as more than eight years have passed, we direct the learned Trial Court to conclude the trial at the earliest, but not later than 12 months from the date of the receipt of the present order.
Present appeals are allowed accordingly.
Case Title: CENTRAL BUREAU OF INVESTIGATION Vs. ARYAN SINGH ETC.
Case Number: Crl.A. No.-001025-001026 / 2023
