TITLE: ABHISHEK SAXENA V. THE STATE OF UTTAR PRADESH & ANR
CITATION: CRIMINAL APPEAL NO. 3628 OF 2023 (ARISING OUT OF SLP (CRL.) NO. 1431/2020)
DECIDED ON: 28 NOVEMBER 2023
CORAM: JUSTICE C.T. RAVIKUMAR AND JUSTICE SANJAY KUMAR
Hon’ble Justices C.T. Ravikumar and Sanjay Kumar states that “we are of the considered view that no useful purpose is likely to be served by allowing criminal prosecution against the appellant to continue based on the aforesaid chargesheet as ingredients of all the aforementioned offences are wanting in this case. We 8 have no hesitation to hold that the High Court has clearly fallen in error in not invoking the powers under Section 482, CrPC to quash the proceedings qua the appellant”
Brief facts:
The appellant, Abhishek Saxena, challenged the order dated 23.10.2019 passed by the High Court of Judicature at Allahabad in Criminal Misc. Application No. 471 of 2018. The appellant, along with his parents and relatives, faced allegations under Sections 323, 363, 384, and 406 of the Indian Penal Code (IPC) based on an FIR filed on 4.9.2016 at Sector 49 Noida Police Station. The accused sought quashment of the FIR, chargesheet, and summoning order through an application under Section 482 of the Criminal Procedure Code (CrPC).The High Court declined to exercise its power under Section 482 CrPC, leading to the present appeal.
Court’s Observation and Analysis:
Upon careful examination of the materials on record, including the chargesheet, the Supreme Court scrutinized the essential elements of each alleged offense. The Court observed that there was insufficient material to support the allegations of causing hurt under Section 323 IPC, as the complainant’s statement lacked details or evidence of harm.
Regarding the offense under Section 384 IPC (extortion), the Court emphasized the twin elements of intentionally inducing fear and dishonestly causing the delivery of property. The Court concluded that the chargesheet did not prima facie satisfy these elements.
For the offense under Section 406 IPC (criminal breach of trust), the Court highlighted the indispensable elements of entrustment and dishonest usage or disposal of the property. It found that the charge sheet failed to establish these fundamental components.
In light of the above analysis, the Court determined that no useful purpose would be served by allowing the criminal prosecution to continue against Abhishek Saxena. Criticizing the High Court for not invoking its powers under Section 482 CrPC, the Supreme Court quashed the proceedings, including the FIR, chargesheet, and summoning order against Abhishek Saxena. The judgment was rendered on November 28, 2023, by Hon’ble Justices C.T. Ravikumar and Sanjay Kumar in the Supreme Court of India.
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Written by- Komal Goswami
