Case Note & Summary
The petitioner, Maheshkumar Hargovind Goyal, accused no.7 in Crime No.343/2016 registered at Police Station Wadi, Nagpur for offences under Sections 420, 465, 468, 471 read with Section 34 IPC, challenged the order dated 07.06.2022 passed by the learned Judicial Magistrate First Class, Court No.10, Nagpur. The impugned order granted permission to the Investigating Officer to conduct further investigation and file a supplementary charge-sheet against the petitioner under Section 173(8) CrPC. The case arose from a report lodged by the Tahsildar, Nagpur Gramin on 18.06.2016 alleging that the directors of Ankur Estate Private Limited had created a forged NA order using the Collector's rubber stamp and signature. The petitioner was alleged to have submitted a photocopy of the forged order to the Talathi. The Investigating Officer initially filed an application under Section 169 CrPC on 14.05.2018 stating insufficient evidence against the petitioner, but later sought permission for further investigation. The Magistrate granted the permission without issuing any notice or hearing the petitioner. The High Court held that the order was passed in gross violation of principles of natural justice as the petitioner was not given an opportunity to be heard. The court set aside the impugned order and directed the Magistrate to decide the application afresh after hearing the petitioner and the prosecution. The court clarified that it had not expressed any opinion on the merits of the application.
Headnote
A) Criminal Procedure - Further Investigation - Section 173(8) CrPC - Natural Justice - Order granting permission for further investigation under Section 173(8) CrPC without notice and hearing to the accused is violative of principles of natural justice and liable to be set aside - Held that the Magistrate must issue notice and hear the accused before granting such permission (Paras 5-8).
Issue of Consideration
Whether the order granting permission to conduct further investigation and file supplementary charge-sheet under Section 173(8) of the Code of Criminal Procedure, 1973, passed without issuing notice and affording an opportunity of hearing to the accused, is sustainable in law.
Final Decision
The High Court allowed the petition, quashed the impugned order dated 07.06.2022, and directed the learned Magistrate to decide the application afresh after hearing the petitioner and the prosecution. The court clarified that it had not expressed any opinion on the merits of the application.
Law Points
- Natural justice
- further investigation
- Section 173(8) CrPC
- notice and hearing
- Article 227 Constitution of India
Case Details
2023 LawText (BOM) (03) 158
Criminal Writ Petition No. 502 of 2022
Mr. Anil S. Mardikar, Senior Advocate assisted by Mr. Digvijay Singh, Advocate for the petitioner; Mrs. M. H. Deshmukh, A. P. P. for respondent nos.1, 3 and 4
Maheshkumar Hargovind Goyal
State of Maharashtra, V. D. Godbole, The Commissioner of Police, Nagpur City, The Deputy Commissioner of Police, Zone-I, Nagpur City
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Nature of Litigation
Criminal writ petition challenging the order granting permission for further investigation under Section 173(8) CrPC.
Remedy Sought
Petitioner sought quashing of the order dated 07.06.2022 passed by the learned Judicial Magistrate, First Class, Court No.10, Nagpur granting permission to the Investigating Officer to conduct further investigation and file supplementary charge-sheet against the petitioner.
Filing Reason
The impugned order was passed without issuing notice and affording an opportunity of hearing to the petitioner, violating principles of natural justice.
Previous Decisions
The Investigating Officer had earlier filed an application under Section 169 CrPC on 14.05.2018 stating insufficient evidence against the petitioner.
Issues
Whether the order granting permission for further investigation under Section 173(8) CrPC without notice and hearing to the accused is sustainable in law.
Submissions/Arguments
Petitioner argued that the impugned order was passed without notice and hearing, violating principles of natural justice.
Respondent State opposed the petition, but the court found the order unsustainable.
Ratio Decidendi
An order granting permission for further investigation under Section 173(8) CrPC cannot be passed without issuing notice and affording an opportunity of hearing to the accused, as it affects the rights of the accused and violates principles of natural justice.
Judgment Excerpts
In this petition, filed under Article 227 of the Constitution of India, challenge is to the order dated 07.06.2022, passed below Exh.80 by learned Judicial Magistrate, First Class, Court no.10, Nagpur, whereby learned Magistrate was pleased to grant permission to the Investigating Officer to conduct further investigation and file supplementary charge-sheet against the petitioner under Section 173 sub-Section (8) of the Code of Criminal Procedure.
The impugned order is not sustainable in law. The learned Magistrate has passed the impugned order without issuing any notice to the petitioner and without affording an opportunity of hearing to the petitioner. The impugned order is, therefore, in gross violation of the principles of natural justice.
Procedural History
The petitioner, accused no.7 in Crime No.343/2016, challenged the order dated 07.06.2022 passed by the learned Judicial Magistrate, First Class, Court No.10, Nagpur granting permission for further investigation under Section 173(8) CrPC. The High Court heard the petition and delivered judgment on 29.03.2023.
Acts & Sections
- Code of Criminal Procedure, 1973: 173(8), 169
- Indian Penal Code, 1860: 420, 465, 468, 471, 34
- Constitution of India, 1950: 227
