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CrPC S. 482 – Quashing – The impugned judgment and order passed by the High Court is a cryptic, non-reasoned, non­speaking order – Set aside – After recording the submissions made by learned counsel for the parties, and thereafter by passing one paragraph order without assigning any further reasons, the High Court has allowed the application .

by Punjab Law Reporter
June 6, 2022
in Criminal, CrPC
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CrPC S. 482 – Quashing – The impugned judgment and order passed by the High Court is a cryptic, non-reasoned, non­speaking order – Set aside  – In the order High Court after narrating the submissions made by the counsel appearing for the parties, there is no further discussion by the High Court on the allegations made against the accused persons and even on the legality and validity of the order passed by the Magistrate summoning the accused – After recording the submissions made by learned counsel for the parties, and thereafter by passing one paragraph order without assigning any further reasons, the High Court has allowed the application under Section 482 Cr.P.C. and has quashed the criminal proceedings -We find no independent application of mind by the High Court on the legality and validity of the order passed by the learned Magistrate summoning the accused –  The learned Magistrate issued the summons against the accused after considering the statements of the complainant as well as the witnesses recorded under Sections 200 & 202 Cr.P.C. and after considering the evidence on record including the injury certificate – The same has been set aside by the High Court in a most cursory and casual manner –  The manner in which the High Court has disposed of the application under Section 482 Cr.P.C. and quashed the criminal proceedings is not appreciated at all.

, 2022 SCeJ 0599 , 2022 PLRonline 0005 , (2022-2)206 PLR 796 (SC)

Tags: CrPC S. 482Crypticnon - reasonedNon speaking orderQuashing - CrPC S. 482
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