State Of Rajasthan vs Ravi Shankar Srivastava
- SCC(2011) 10 SCC 632
Ratio decidendi
The rule this decision rests on
When a High Court exercises powers under Section 482 of the Code of Criminal Procedure to dispose of a petition for quashing of an FIR, it may not issue a direction that no adverse or punitive action be taken against the petitioner in relation to that FIR, as such a direction is unnecessary for the disposal of the criminal case and lies outside the proper scope of Section 482 jurisdiction.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
This appeal is directed against the judgment and
order passed by the High Court of Judicature for Rajasthan at
Jaipur Bench, Jaipur in S.B.Criminal Misc.Petition No.931 of
2009 dated 6.8.2010.
The respondent herein had filed a petition under
Section 482 of the Code of Criminal Procedure (for short
'Code') for quashing of F.I.R.No.110 of 2004, registered for
the alleged offences under Sections 7,8, 10, 13(1)(a) & 13(1)
(d)(2) of the Prevention of Corruption Act, 1988 and Sections
466, 471 & 120-B of the Indian Penal Code by the Special Police
Station, Rajasthan State Anti Corruption Bureau, Jaipur.
The High Court, while disposing of the aforesaid
petition, has passed the following order :
: 2 :
"In view of above order passed, it appears that in two identical matters, protection has been provided to the petitioner therefore, to maintain parity, I deem it proper to pass order that no adverse or punitive action be taken against the petitioner in pursuance of FIR No.110/2004 till the instant petition is decided."
The State is aggrieved by the later portion of the
order passed by the High Court. That is how it is before us in
this appeal.
We have heard Dr.Manish Singhvi, learned Additional
Advocate General for the appellant-State and Shri Nagendra Rai,
learned senior counsel for the respondent.
In our view, the High Court, while deciding the
petition filed under Section 482 of the Code by the respondent,
ought not to have directed the authority that no adverse or
punitive action be taken against the petitioner and in fact
this was wholly unnecessary for the disposal of the criminal
case. Therefore, this portion of the order passed by the High
Court requires to be deleted. Accordingly, we pass the
following order :
The appeal is disposed of.
The order passed by the High Court "that no adverse
or punitive action be taken against the petitioner in
pursuance of FIR No.110/2004 till the instant petition is
decided" is deleted.
Ordered accordingly.
: 3 :
CRL.A.NO.2023 OF 2011 @ SLP(CRL.)NO.8984/2010 & CRL.A.NO.2022 OF 2011 @ SLP(CRL.)NO.8983/2010:
In view of the order passed above in Criminal Appeal
arising out of SLP(Crl.)No.8515/2010, these appeals are also
disposed of.
.......................J. (H.L. DATTU)
.......................J. (CHANDRAMAULI KR. PRASAD)
NEW DELHI;
NOVEMBER 04, 2011
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