Quashment of proceedings under Section 482 Cr PC

In Central Bureau of Investigation vs. K.M.Sharma, Criminal Appeal No. 351 of 2008, the Supreme Court set aside the Delhi High Court’s order quashing the proceedings under section 120B AND 193 IPC against the respondent.

 The Supreme Court ruled that the High Court ought to have critically examined whether the allegations made in the FIR and charge sheet taken on their face value and accepted in their entirety would prima facie constitute an offence for making out a case against the accused respondent.

 A number of decisions under Section 482 Cr PC have been examined by the court though the land mark decision in Bhajanlal’s case (1992) Supp. SCC 335, as pointed out by the court itself in para 34 should have resolved the issue. It is not understood why the court opted for a lengthy discussion when the crucial question which arises for adjudication is whether  the case of the respondent falls under any of the categories enumerated in the celebrated case of Bhajanlal.