PLEA OF ALIBI IN S-498-A CASES IN QHASHMENT OF FIR CASES IN HIGH COURTS

A Case of BSF Personnel- Held, “It cannot be read as laying down an inflexible rule that no species of documentary material touching upon presence or absence of the accused may ever be looked into at the threshold, irrespective of its source, character, and the absence of any dispute as to its authenticity”.

Distinguished: Rajendra Singh Vs. State of U.P. and Another, (2007) 7 SCC 378- Relied Upon: 4 Steps Test, as contained in Rajiv Thapar and Others v. Madan Lal Kapoor, (2013) 3 SCC 330:

In Raji Thapar (Supra) SC had laid down a 4-step test to determine if criminal proceedings can be quashed on the basis of defense material/official records prior to trial, which is as follows:

“30. Based on the factors canvassed in the foregoing paragraphs, we would delineate the following steps to determine the veracity of a prayer for Quashment raised by an accused by invoking the power vested in the High Court under Section 482 CrPC:

30.1. Step One: whether the material relied upon by the accused is sound, reasonable, and indubitable i.e. the material is of sterling and impeccable quality?

30.2. Step Two: whether the material relied upon by the accused would rule out the assertions contained in the charges levelled against the accused i.e. the material is sufficient to reject and overrule the factual assertions contained in the complaint i.e. the material is such as would persuade a reasonable person to dismiss and condemn the factual basis of the accusations as false?

30.3. Step Three: whether the material relied upon by the accused has not been refuted by the prosecution/complainant; and/or the material is such that it cannot be justifiably refuted by the prosecution/complainant?

30.4. Step Four: whether proceeding with the trial would result in an abuse of process of the court, and would not serve the ends of justice?

30.5. If the answer to all the steps is in the affirmative, the judicial conscience of the High Court should persuade it to quash such criminal proceedings in exercise of power vested in it under Section 482 CrPC. Such exercise of power, besides doing justice to the accused, would save precious court time, which would otherwise be wasted in holding such a trial (as well as proceedings arising therefrom) specially when it is clear that the same would not conclude in the conviction of the accused.”

Other Referred Cases: Mahmood Ali And Others V. State Of Uttar Pradesh And Others, (2023) 15 SCC 488- Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293- Harshendra Kumar D. Vs. Rebatilata Koley And Others, (2011) 3 SCC 351- State Of Haryana And Others Vs. Bhajan Lal And Others, 3 1992 Supp (1) SCC 335- Yin Cheng Hsiung Vs. Essem Chemical Industries, (2011) 15 SCC 207-Mohd. Akram Siddiqui V. State Of Bihar And Another, (2019) 13 SCC 350, Shaikh Sattar Vs. State of Maharashtra, (2010) 8 SCC 430- Mirza Iqbal Alias Golu And Another V. State Of Uttar Pradesh And Another, (2022) 16 SCC 697.

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