State of Madhya Pradesh vs Yogendra Singh Jadon & Anr.

Court

Supreme Court of India

Date

31 January 2020

Case No.

Criminal Appeal No. 175 of 2020

Result

Allowed

Bench

L. Nageswara Rao, Hemant Gupta

Citation

[2020] 5 S.C.R. 70 : 2020 INSC 124

Headnote

Code of Criminal Procedure, 1973:

s. 482 – Charge-sheet u/s. 420 r/w. 120-B IPC – Against father of the respondents – Alleging inter alia that the accused had granted cash credit to the respondents (his sons) without proper documents, when he was President of the Bank – High Court quashed the criminal proceedings qua the respondents holding that no criminal case made out against them – Appeal to Supreme Court – Held: The facts of the case prima facie disclose an offence u/ss.

420 and 120-B IPC against the respondents – High Court was not right in quashing the charges against the respondents. s. 482 – Jurisdiction under – Scope of – Held: Power u/s.

482 cannot be exercised where the allegations are required to be proved in the Court of law.

Allowing the appeal, the Court

HELD: The High Court examined the entire issue as to whether the offence under Sections 420 and 120-B IPC is made out or not at pre-trial stage. The respondents are beneficiary of the grant of cash credit limit when their father was the President of the Bank. The power under Section 482 of the Code of Criminal Procedure, 1973 cannot be exercised where the allegations are required to be proved in court of law. The manner in which loan was advanced without any proper documents and the fact that the respondents are beneficiary of benevolence of their father prima facie disclose an offence under Sections 420 and 120-B IPC. Other officials of the Bank have been charge-sheeted for an offence under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. The charge under Section 420 IPC is not an isolated offence but it has to be read along with the offences under the Act to which the respondents may be liable with the aid of Section 120-B of IPC. Therefore, the order of the High Court quashing the charges against the respondents is not sustainable in law. [Para 5 and 6] [73-C-F]

The Judgment of the Court was delivered by HEMANT GUPTA, J. 1. The State is aggrievedagainst an order passed by the High Court of Madhya Pradesh on 2nd May, 2016 whereby the proceedings against the respondents, both sons of late Manohar Singh Jadon, for an offence under Sections 420, 120-B of the Indian Penal Code, 18601 were quashed. 2. A charge sheet for the offences under Sections 420, 406, 409, 120B IPC and 13(1)(d) and 13(2) of the Prevention of Corruption Act, 19882 was filed on 9th July, 2008 consequent to registration of FIR No. 3 of 2007 on 23rd June, 2007. The allegation was that

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