Hon’ble Supreme Court has allowed a Criminal appeal here on 07-01-2019 against the order of High court by stating that before dismissing an application under Section 482 Cr.P.C the High Courts must understand the factual matrix.

The above decision was given in the case of Monu v. State of U.P. & Anr. in which hon’ble court declared that in the matters when the high courts are dismissing the application of Cr.P.C 482 they must know the facts first.

BRIEF FACTS OF THE CASE

By   impugned   order,   the   Single   Judge dismissed the appellant’s application filed under Section 482 of the Code wherein the challenge was to set aside the charge sheet dated 18.09.2015 and 22.09.1017 framed by the Additional Sessions Judge/ Fast Track, Court No. 3, Muzaffarnagar arising out of Sessions Trial No. 798 of 2017, State v. Monu under sections 420, 498A,323,376,506 of the Indian Penal Code,1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.  

Deprived by this order the applicant filed this criminal appeal to the Supreme Court.

DECISION OF THE SUPREME COURT

Supreme Court held that the single judge ought to have first set out the brief facts of the case with a view to understand the factual matrix and then should have examined the challenge made to the proceedings in the light of the principles of law laid down by this court on the question involved with a view to record the findings on the grounds urged by the appellant as to whether any case for interference there in is made out or not.

Thus, the appeal succeeded and High Court was ordered to re look into the application.

Read the full Judgement Here:

[embeddoc url=”https://www.sci.nic.in/supremecourt/2018/44339/44339_2018_Judgement_07-Jan-2019.pdf” download=”all”]