Case Note & Summary
The petitioner, Ankit Biranwar, is an accused in Crime No. 399/2019 registered at Ram Nagar Police Station, Gondia, for offences under Sections 302, 201, 364-A, and 120-B of the Indian Penal Code. The case pertains to the disappearance and alleged murder of a 20-year-old boy, Saurabh Katare, who went missing on 15 December 2019 after receiving a phone call. A missing report was filed by his uncle, Komal Katare, and during investigation, the petitioner was arrested. The petitioner filed a criminal writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking a writ of prohibition to stop the Sessions Trial No. 71/2020, a writ of mandamus for re-investigation, and bail. The High Court, after hearing the parties, observed that the trial was at an initial stage and the petitioner had alternative remedies available under the CrPC, such as filing an application for discharge or raising objections during trial. The court held that the petition was premature and dismissed it without expressing any opinion on the merits of the case. The court also noted that the petitioner could seek bail before the trial court.
Headnote
A) Criminal Procedure - Writ Jurisdiction - Alternative Remedy - Premature Petition - The petitioner, an accused in a murder case, filed a writ petition under Articles 226 and 227 of the Constitution read with Section 482 CrPC seeking prohibition of trial and re-investigation. The High Court held that the petition is premature as the trial is at an initial stage and the accused has alternative remedies under the CrPC, including filing an application for discharge or raising objections during trial. The court dismissed the petition without expressing any opinion on merits. (Paras 1-6)
Issue of Consideration
Whether the High Court should entertain a criminal writ petition seeking a writ of prohibition to stop the trial and a writ of mandamus for re-investigation when the trial is at an initial stage and the accused has alternative remedies available under the Code of Criminal Procedure.
Final Decision
The High Court dismissed the criminal writ petition as premature, without expressing any opinion on the merits of the case. The court held that the petitioner has alternative remedies under the Code of Criminal Procedure, including filing an application for discharge or raising objections during trial. The court also noted that the petitioner can seek bail before the trial court.
Law Points
- Writ of prohibition
- alternative remedy
- inherent powers under Section 482 CrPC
- premature petition
- scope of Article 226 and 227
Case Details
2023 LawText (BOM) (04) 142
Criminal Writ Petition No. 327/2022
Vinay Joshi, Bharat P. Deshpande
Mr. Y.G. Nayyar for Petitioner, Shri A.M. Kadukar for Respondent/State
Ankit s/o Radheshyam Biranwar
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Nature of Litigation
Criminal writ petition seeking prohibition of trial, re-investigation, and bail.
Remedy Sought
Petitioner sought a writ of prohibition to stop Sessions Trial No. 71/2020, a writ of mandamus for re-investigation, and release on bail.
Filing Reason
Petitioner, an accused in a murder case, filed the petition alleging that the trial should not proceed and that re-investigation is necessary.
Issues
Whether the High Court should entertain a criminal writ petition seeking prohibition of trial and re-investigation when alternative remedies are available.
Submissions/Arguments
Petitioner argued for prohibition of trial and re-investigation.
Respondent/State opposed the petition, submitting that the trial is at initial stage and the petitioner has alternative remedies.
Ratio Decidendi
A criminal writ petition seeking prohibition of trial and re-investigation is premature when the trial is at an initial stage and the accused has alternative remedies under the Code of Criminal Procedure, such as filing an application for discharge or raising objections during trial. The High Court should not exercise its extraordinary jurisdiction under Articles 226 and 227 or inherent powers under Section 482 CrPC in such cases.
Judgment Excerpts
Considering the controversy involved in the matter and by consent of the learned Counsel appearing for the parties, Criminal Writ Petition is taken up for final disposal at the stage of admission by issuing Rule, making the same returnable forthwith.
The petitioner is an accused in First Information Report bearing Crime No. 399/2019 registered with Ram Nagar Police Station, District Gondia for the offence punishable under Sections 302, 201, 364–A and 120–B of the Indian Penal Code.
The petitioner also seeks writ of mandamus thereby directing the respondent police authorities to re-investigate the offence, and also prayed for his release on bail.
Procedural History
The petitioner filed Criminal Writ Petition No. 327/2022 before the Bombay High Court, Nagpur Bench, seeking prohibition of Sessions Trial No. 71/2020, re-investigation, and bail. The petition was taken up for final disposal at the admission stage with consent of parties. The court dismissed the petition as premature on 3 April 2023.
Acts & Sections
- Indian Penal Code, 1860: 302, 201, 364-A, 120-B
- Code of Criminal Procedure, 1973: 482
- Constitution of India: 226, 227
