The Supreme Court in the case Central Bureau of Investigation vs Aryan Singh observed and has reiterated that a High Court cannot conduct a mini trial while exercising its power as stated under section 482 of Code of Criminal Procedure, 1973.
The bench comprising of Justice MR Shah and Justice CT Ravikumar in the case observed that at any stage and or while exercising the powers as stated under Section 482 of Code of Criminal Procedure. Thus, the court in the case has a very limited jurisdiction and is required to consider as to weather any sufficient material is available to proceed further against the accused for which the accused is required to be tried or not.
However, the court in the case observed and has set aside the judgment which quashed the criminal proceedings in a case investigated by the CBI.
Adding to it, the Supreme Court stated that as per the cardinal principle of law, being at the stage of discharge or being at the stage of quashing of the criminal proceedings, while exercising the powers under Section 482 of the Code of Criminal Procedure. Thus, the said court is not required to conduct the mini trial. The High Court in the case observed in the common impugned judgment and order that the charges framed against the accused are not proved. This being not the stage where the prosecution or the investing agencies is or are required to prove the charges. Therefore, the charges are required to be proved during the trial on the basis of the evidence led by the prosecution or the investigation agency.
Further, it has been observed by the court that the High Court Court erred in holding that the proceedings were malicious.
The court stated that weather the criminal proceedings initiated was or were malicious or not, is not being required to be considered at this stage. Thus, the same is required to be considered at the conclusion of the trial.
Accordingly, the court stated that the material collected during the course of the investigation, which wherein warranted the accused to be tried.
