Code of Criminal Procedure, 1973: s.482 – Exercise of power
under, scope – Prosecution case was that the victim-deceased, the
driver of accused-second respondent committed suicide – In the
suicide note, he had made serious and grave allegations against
the accused second respondent of amassing wealth disproportionate
to the known sources of income and a detailed account of the role
of the accused in the events which led to the deceased committing
suicide – Second respondent successfully filed s.482 application
for quashing the criminal proceedings – Hence the instant appeal
– Held: High Court while exercising its power under s.482 should
have applied the following two tests: i) whether the allegations made
in the complaint, prima facie constituted an offence; and ii) whether
the allegations were so improbable that a prudent man would not
arrive at the conclusion that there was sufficient ground to proceed
with the complaint – Rather, High Court stalled the investigation by
granting an interim order of stay – The alleged suicide was of a
person who was working as a driver of a Special Land Acquisition
Officer against whom serious and grave allegations of amassing
wealth disproportionate to the known sources of income were made
by the deceased and a detailed account of the role of the accused
in the events which led to the deceased committing suicide – These
were matters of investigation and possibly trial – If the investigation
had been allowed to proceed, there would have been a revelation
of material facts which would have aided in the trial, for the alleged
offence against the second respondent – High Court tested the
veracity of the allegations in the criminal complaint and in the suicide
note left behind by the deceased without having the benefit of an
evidentiary record which would be collected during the trial – At
the stage when the High Court considers a petition for quashing
under s.482, the High Court cannot test the veracity of the allegations nor for that matter can it proceed in the manner that a
judge conducting a trial would, on the basis of the evidence collected
during the course of trial – High Court virtually proceeded to hold
a trial, substituting its own perception for what it believed should
or should not have been the normal course of human behavior –
This is clearly impermissible – The entire judgment of the High Court
consists of a litany of surmises and conjectures and such an exercise
is beyond the domain of proceeding under s.482 – High Court had
proceeded to scrutinize what has been disclosed during the
investigation, ignoring that the investigation had been stayed by
an interim order of the High Court, during the pendency of the
proceedings under s.482 – Petition for quashing FIR dismissed –
Penal Code, 1860 – s.306.
Mental Health: The High Court while deciding merits of s.482
Cr.P.C petition has made observations diminishing the importance
of mental health – Mental health of an individual cannot be
compressed to a one size fit all approach.