State Of T.N v. Thirukkural Perumal ., Supreme Court Of India, Judgment, Law, casemine.com

Factual and Procedural Background

M.S.K. Shanmugovol Chettiyar lodged First Information Report (FIR) No. 246 of 1992 at Police Station Tallakulam alleging offences under Sections 147, 148, 342, 323, 395, 506(ii) and 109 of the Indian Penal Code against the respondents. During investigation, evidence was collected by the investigating agency. The respondent invoked the High Court’s inherent jurisdiction under Section 482 of the Code of Criminal Procedure (CrPC). By order dated 9 November 1993 in Criminal Original Petition No. 8730 of 1992 (with connected Criminal Miscellaneous Petitions), a learned Single Judge of the Madras High Court quashed the FIR and all consequential proceedings as against the respondent. The State appealed to the Supreme Court challenging that quashing order.

Legal Issues Presented

Whether the High Court was justified in exercising its inherent power under Section 482 CrPC to quash the FIR and criminal proceedings on the basis of evidence collected only during the investigation stage.

What is the proper scope and limitation of the High Court’s power to quash criminal proceedings in light of the principles laid down by the Supreme Court in State of Haryana v. Bhajan Lal.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335	Laid down guidelines for when an FIR or criminal proceeding can be quashed under the court’s inherent powers.	The Supreme Court referred to these guidelines to emphasize that the power to quash must be exercised sparingly and with circumspection, and found that the High Court had exceeded these limits.

Precedent

Rule or Principle Cited For

Application by the Court

State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335

Laid down guidelines for when an FIR or criminal proceeding can be quashed under the court’s inherent powers.

The Supreme Court referred to these guidelines to emphasize that the power to quash must be exercised sparingly and with circumspection, and found that the High Court had exceeded these limits.

Court's Reasoning and Analysis

The Supreme Court scrutinised the High Court’s decision and found that:

The High Court had relied on evidence gathered during investigation to assess the reliability and genuineness of the allegations in the FIR.

Such an evaluative exercise is impermissible at the Section 482 CrPC stage because it prematurely truncates the normal criminal trial process.

According to the principles in Bhajan Lal, inherent jurisdiction should be invoked only in the rarest of cases to prevent manifest injustice, not to conduct a mini-trial on disputed facts.

By weighing evidence not yet tested in court, the High Court acted beyond the circumscribed limits of its power.

Consequently, the Supreme Court concluded that the High Court’s order could not be sustained.

Holding and Implications

Holding: The appeal was allowed and the impugned order of the Madras High Court quashing FIR No. 246 of 1992 and the related criminal proceedings was set aside.

Implications: The criminal proceedings against the respondent are restored and will continue before the trial court. The Supreme Court reiterated that High Courts must exercise extreme caution when quashing criminal proceedings under Section 482 CrPC and should not evaluate evidentiary material collected during investigation. No new legal precedent was created; the decision reinforces existing jurisprudence on the limited scope of inherent powers.

State Of T.N v. Thirukkural Perumal .

Order

1. Leave granted.

2. This appeal arises out of an order made by a learned Single Judge of the High Court of Judicature at Madras on 9-11-1993 in Criminal Original Petition No. 8730 of 1992, Crl MP No. 4794 of 1992 and Crl MP No. 6765 of 1992. The learned Judge quashed the First Information Report, Crime No. 246 of 1992 of P.S Tallakulam, insofar as the respondent is concerned as also the criminal proceedings emanating therefrom against him.

3. We have gone through the order of the learned Single Judge and heard learned counsel for the parties.

4. M.S.K Shanmugovol Chettiyar lodged a first information report at P.S Tallakulam against the respondents alleging commission of offences under Sections 147/148/342/323/395/506(ii) and 109 IPC. Investigation was taken in hand and some evidence was collected by the investigating agency. The respondent filed a petition under Section 482 CrPC in the High Court and by the impugned order the petition was allowed and the proceedings emanating from Crime Case No. 246 of 1992 (supra) were quashed. From a bare perusal of the order of the learned Single Judge it appears that while quashing the proceedings, reliance has been placed upon some evidence collected by the investigating agency during the investigation. The approach of the learned Judge in relying upon such evidence, which is yet to be produced before the trial court, to quash the criminal proceedings in Crime Case No. 246 of 1992 (supra) was not proper. The power of quashing an FIR and criminal proceeding should be exercised sparingly by the courts. Indeed, the High Court has the extraordinary or inherent power to reach out injustice and quash the first information report and criminal proceedings, keeping in view the guidelines laid down by this Court in various judgments (reference in this connection may be made with advantage to State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335) but the same has to be done with circumspection. The normal process of the criminal trial cannot be cut short in a rather casual manner. The court, is not justified in embarking upon an enquiry as to the reliability or genuineness of the allegations made in the FIR or the complaint on the basis of the evidence collected during investigation only while dealing with a petition under Section 482 CrPC seeking the quashing of the FIR and the criminal proceedings. The learned Single Judge apparently fell into an error in evaluating the genuineness and reliability of the allegations made in the FIR on the basis of the evidence collected during the investigation. The order of the learned Single Judge cannot, therefore, be sustained. This appeal succeeds and is allowed. The impugned order of the High Court is hereby set aside.

5. We clarify that nothing said hereinabove or by the learned Single Judge of the High Court in the impugned judgment shall be construed as any expression of opinion on the merits of the case, expressly or impliedly, and the trial court shall deal with the case uninfluenced by any of the observations made by the High Court or by this Court.

Criminal Appeal No. 218 of 1995, decided on January 31, 1995

State Of T.N v. Thirukkural Perumal .

Supreme Court of India — Case Summary

Factual and Procedural Background

Legal Issues Presented

Arguments of the Parties

Table of Precedents Cited

Court's Reasoning and Analysis

Holding and Implications

State Of T.N v. Thirukkural Perumal .

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