By IANS,
New Delhi : The Delhi High Court Tuesday ruled that the framing of charges and subsequent proceedings in corruption cases can only be stayed in exceptional circumstances.
A division bench of Chief Justice Dipak Misra and Justice Manmohan said: “It is settled law that the jurisdiction under section 482 of the CrPC (Code of Criminal Procedure which relates to the power of the high court to quash a criminal case) or under Article 227 (writ jurisdiction) of the constitution of India cannot be exercised as a `cloak of an appeal in disguise` or to re appreciate evidence.”
The bench in its 45-page judgement said: “The aforesaid proceedings should be used sparingly with great care, caution, circumspection and only to prevent grave miscarraige of justice.”
The court observation came while hearing a bunch of 37 petitions sent to chief justice’s court by a single judge.
The single judge, while referring the cases, had raised certain legal issues as to whether the framing of charges under the provisions of the Prevention of Corruption Act can be challenged in high court by filing a revision petition.
The division bench judges said: “An order framing charge under the Prevention of Corruption Act, is an interlocutory order. The provisions of the act bar revision against an interlocutory order and framing of charge, being an interlocutory order, a revision will not be maintainable.”
The court said that in such cases, a petition under section 482 of the CrPC and a writ petition preferred under Article 227 of the Constitution of India are maintainable.
The court said that the writ petition be listed before an appropriate bench.