Section 482 CrPC: HC Can’t Examine Mens Rea Aspect Before Completion Of Investigation: SC [Read Judgment]
“At this juncture when the investigation was yet to be completed and charge-sheet, if any, was yet to be filed, the High Court ought not to have gone into the aspect whether there was requisite mental element or intention on part of the respondent.”The Supreme Court has observed that before an investigation is complete, a high court, in a petition filed by the accused under Section 482. “At this juncture when the investigation was yet to be completed and charge-sheet, if any, was yet to be filed, the High Court ought not to have gone into the aspect whether there was requisite mental element or intention on part of the respondent.” The Supreme Court has observed that before an investigation is complete, a high court, in a petition filed by the accused under Section 482 CrPC, could not go into the aspect whether there was requisite mental element or intention on part of the accused. Assailing this order, it was contended before the apex court that the high court was not justified in entering into questions whether the record prima facie established that the respondent had requisite intention in order to bring the matter within the confines of Section 306 IPC and in quashing the FIR in exercise of jurisdiction under Section 482 CrPC. At this juncture when the investigation was yet to be completed and charge-sheet, if any, was yet to be filed, the High Court ought not to have gone into the aspect whether there was requisite mental element or intention on part of the respondent.” Setting aside the high court order, the bench directed the police to complete the investigation as early as possible.
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