Supreme Court Disapproves of Unusual High Court Order Allowing Accused to Explain Before Filing Final Report
In a recent case of SHIV KUMAR SHARMA v. THE STATE OF MADHYA PRADESH & ORS., the Hon’ble Supreme Court expressed surprise regarding a directive issued by the Madhya Pradesh High Court. The High Court had directed the police to provide an opportunity for the accused to explain the evidence against them before filing a chargesheet when refusing to quash an FIR under Section 482 of the Code of Criminal Procedure. The Bench comprising of Hon’ble Justices Abhay S. Oka and Pankaj Mithal disapproved of this directive, considering it unconventional and inconsistent with the law.
The accused, who served as an Assistant Society Manager, faced serious allegations of financial misconduct and the misuse of public funds designated for farmers according to the FIR. The High Court declined to quash the FIR but mandated that the accused be given a chance by the Investigating Officer to clarify the evidence against them before submitting the final report.
The Hon’ble Supreme Court noted that the High Court had rejected the appellant's plea without examining the case's merits. Consequently, the Supreme Court remanded the matter to the High Court while also extending the interim relief previously granted.