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Supreme Court of India

State of Haryana and Ors v. Ch. Bhajan Lal and Ors.

Neutral citation
Bench S. Ratnavel Pandian and K. Jayachandra B Reddy JJ.
Decided 21 November 1990
Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

117 Supreme Court benches have cited this judgment.

What the Court ordered

We set aside the judgment of the High Court quashing the First Information Report as not being legally and factually sustainable in law for the reasons aforementioned; but, however, we quash the commencement as well as the entire investigation, if any, so far done for the reasons given by us in the instant judgment on the ground that the third appellant (SHO) is not clothed with valid legal authority to take up the investigation and proceed with the same within the meaning of Section 5A(l) of the Prevention of Corruption Act as indicated in this judgment. Further we set aside the order of the High Court awarding costs with a direction that the said costs is payable to the first respondent (Ch. Bhajan Lal) by the second respondent (Dharam Pal). In the result, the appeal is disposed of accordingly but at the same time giving liberty to the State Government to direct an investigation afresh, if it so desires, through a competent Police Officer empowered with valid legal authority in strict compliance with Section 5A(1) of the Act as indicated supra. No order as to costs.

Judgment, pp. 319A-D (concluding paragraphs)

From the headnote

Constitution of India, 1950: Article 226-Quashing of criminal proceedings-Circumstances under which power could be exercised-Guidelines given. Code of Criminal Procedure, 1973: Sections 154, 155, 156, 157, 159-Cognizable offence-Field of investigation-Exclusive domain of investigating agencies-Court's interference-When justified. Section 482-Inherent powers of courts-Exercise of-Circumstances necessitating quashing of criminal proceedings-Guidelines indicated.…

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Where later benches applied it

Of those, 51 relied on · 1 followed · 3 distinguished · 54 referred to · 6 mentioned · 2 relied upon

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