SC sets aside ‘strange’ MP HC order asking police to give opportunity to accused before filing of charge sheet

New Delhi:  The Supreme Court has set aside an order passed by the Madhya Pradesh High Court which had asked an Investigating Officer to give an opportunity to the accused to explain the material collected against him during the investigation before submission of the charge sheet to the Magistrate.

A bench of Justices Abhay S. Oka and Pankaj Mithal held that such an approach adopted by the High Court is “very strange and contrary to law”.

The bench said that the accused application seeking quashing of criminal proceedings has not been considered on merits by the High Court and therefore, directed restoration of the plea filed under 482 CrPC (Code of Criminal Procedure).

“We direct the Registrar (Judicial) of the Madhya Pradesh High Court to list the restored petition before the roster Bench on 8th December, 2023 in the morning. The parties shall appear before the roster Bench on that day,” it ordered.

Further, the top court extended the interim protection granted against any coercive action till January 8, 2024.

It added that a liberty is given to the accused to apply before the High Court for continuation of interim relief in the event the remanded case is not decided till January 8 next year.

“The High Court will decide the case of the petitioner on merits without being influenced by the interim relief granted by this Court. All contentions are left open, to be considered by the High Court,” clarified the Supreme Court.


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