Court Emphasizes Cautious Use of Inherent Powers in Criminal Trials, Rejects Claims of Political Vendetta
In a significant ruling, the Allahabad High Court has dismissed the application filed by former MLA Irfan Solanki seeking the quashing of criminal proceedings against him under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The court emphasized that the exercise of inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 should be reserved for the rarest of rare cases, especially when the trial is at an advanced stage.
The application, filed by Solanki, sought to quash the proceedings in Case Crime No. 156/2022, where he and others were charged under Section 3(1) of the Uttar Pradesh Gangsters Act. Solanki argued that the charges were a result of political vendetta and constituted an abuse of the court's process. However, the court found that the trial had progressed significantly, with witness testimonies already being recorded, thus rendering the application for quashing untimely.
Justice Samit Gopal, presiding over the matter, highlighted the legal principles governing the quashing of criminal proceedings, citing previous Supreme Court judgments that underscore the need for careful evaluation of the circumstances before exercising inherent powers. The court reiterated that political allegations should be tested during the trial and cannot be grounds for quashing proceedings at the preliminary stage.
The judgment also addressed procedural concerns raised by Solanki regarding the approval of the gang chart, asserting that the Commissioner of Police had independently assessed and approved it, thereby negating claims of mechanical approval.
The court referred to the Supreme Court's guidelines for quashing applications, emphasizing a four-step test to assess whether proceeding with the trial would constitute an abuse of the court's process. In Solanki's case, the court concluded that the conditions for quashing were not met, given the prima facie evidence against him and the ongoing trial.
This ruling reinforces the judiciary's stance on maintaining the integrity of criminal trials and exercising judicial restraint when dealing with applications for quashing. As Solanki's trial continues, the judgment serves as a precedent for similar cases where political motives are alleged.
Bottom Line:
Exercise of inherent powers under Section 482 Cr.P.C. or Section 528 B.N.S.S., 2023 should be done with great caution, only in exceptional cases, and not at an advanced stage of the trial unless it is evident that proceeding further would result in abuse of the process of the court.
Statutory provision(s): Section 528 B.N.S.S., 2023, Section 482 Cr.P.C., Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986
Irfan Solanki v. State of U.P., (Allahabad) : Law Finder Doc id # 2845714
