foregoing paragraphs, we would delineate the
following steps to determine the veracity of a
prayer for quashment raised by an accused by
invoking the power vested in the High Court
under Section 482 CrPC:
30.1. Step one : whether the material
relied upon by the accused is sound,
reasonable, and indubitable i.e. the
material is of sterling and impeccable
quality?
30.2. Step two : whether the material
relied upon by the accused would rule
out the assertions contained in the
charges levelled against the accused
i.e. the material is sufficient to
reject and overrule the factual
assertions contained in the complaint
i.e. the material is such as would
persuade a reasonable person to dismiss
and condemn the factual basis of the
accusations as false?
30.3. Step three : whether the material
relied upon by the accused has not been
refuted by the prosecution/complainant;
and/or the material is such that it
cannot be justifiably refuted by the
prosecution/complainant?
30.4. Step four : whether proceeding with
the trial would result in an abuse of
process of the court, and would not
serve the ends of justice?
30.5. If the answer to all the steps is
in the affirmative, the judicial
conscience of the High Court should
persuade it to quash such criminal
proceedings in exercise of power vested
in it under Section 482 CrPC. Such
exercise of power, besides doing justice
to the accused, would save precious
court time, which would otherwise be
wasted in holding such a trial (as well
as proceedings arising therefrom)
specially when it is clear that the same
would not conclude in the conviction of
the accused.”
(emphasis supplied by this Court)
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 299 OF 2016
(Arising out of SLP (Crl.) No.2866 of 2011)
AMANULLAH AND ANR.
Vs.
STATE OF BIHAR AND ORS.
V.GOPALA GOWDA, J.
Dated;12th April, 2016
