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2022 (7) TMI 1487 - SC - Indian LawsPrinciples of natural justice - entire criminal proceedings including the charge-sheet and the summoning order quashed by High Court - High Court has not properly appreciated and/or considered the larger conspiracy while quashing - mini trial can be conducted by the High Court in exercise of powers Under Section 482 Code of Criminal Procedure or not? - HELD THAT:- At the outset, it is required to be noted that the High Court has delivered the impugned judgment and order after a period of six months after the matter was reserved for judgment. Though the judgment and order passed by the High Court may not be set aside on the aforesaid ground only, however it is always advisable that the High Court delivers the judgment at the earliest after the arguments are concluded and the judgment is reserved. While emphasizing the need to pronounce the reserved judgment at the earliest and within a reasonable time this Court in the case of ANIL RAI VERSUS STATE OF BIHAR [2001 (8) TMI 1330 - SUPREME COURT] has observed and held It is the policy and purpose of law, to have speedy justice for which efforts are required to be made to come up to the expectation of the society of ensuring speedy, untainted and unpolluted justice. Having gone through the impugned judgment and order passed by the High Court by which the High Court has set aside the criminal proceedings in exercise of powers Under Section 482 Code of Criminal Procedure, it appears that the High Court has virtually conducted a mini trial, which as such is not permissible at this stage and while deciding the application Under Section 482 Code of Criminal Procedure. As observed and held by this Court in a catena of decisions no mini trial can be conducted by the High Court in exercise of powers Under Section 482 Code of Criminal Procedure jurisdiction and at the stage of deciding the application Under Section 482 Code of Criminal Procedure, the High Court cannot get into appreciation of evidence of the particular case being considered. The impugned judgment and order passed by the High Court quashing the criminal proceedings is unsustainable. The High Court has exceeded in its jurisdiction in quashing the criminal proceedings in exercise of powers Under Section 482 Code of Criminal Procedure. The High Court has not appreciated and considered the fact that both the FIRs namely FIR Nos. 260 of 2018 and 227 of 2019 can be said to be interconnected and the allegations of a larger conspiracy are required to be investigated. It is alleged that the overall allegations are disappearance of the trucks transporting the beer/contraband goods which are subject to the Rules and Regulations of the Excise Department and Excise Law - The High Court has quashed the criminal proceedings by observing that there was no loss to the Excise Department. However, the High Court has not at all appreciated the allegations of the larger conspiracy. The FIR need not be an encyclopedia. The impugned judgment and order passed by the High Court is hereby quashed and set aside - appeal allowed.
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