Quashing Petition Offers Broader Grounds for Challenge Compared to Discharge Petition: Supreme Court
In Mukesh & Ors. v. State of Uttar Pradesh & Ors., the Supreme Court reaffirmed that an accused can file a petition under Section 482 of the Cr.P.C. to quash criminal proceedings even after the charge sheet is filed, rejecting the argument that they must wait for charges to be framed and challenge them via a revision application. The Court clarified that a quashing petition allows for broader grounds of challenge, including abuse of process of law, which would not be available in a discharge petition.
The appeal was filed against the Allahabad High Court's dismissal of the quashing petition, which had been considered "infructuous" after the charge sheet was filed. The State of Uttar Pradesh argued that the accused should wait for charges to be framed and then file a revision application. The Court, expressing shock at this approach, rejected the State's argument, emphasizing that a quashing petition offers more comprehensive grounds for challenge, including the ability to present documents not included in the charge sheet.
The Court noted that the accused could not rely on documents outside the charge sheet in a discharge application, but could do so in a quashing petition. The High Court had not considered the merits of the quashing petition, so the Supreme Court set aside its order, restored the case, and directed it to be listed for hearing on January 6, 2025. The appeal was allowed.