Case Note & Summary
The applicants, accused nos. 3, 4, 6 and 7 in Sessions Trial No. 363/2017, were charged with offences under Sections 304B, 498A, 306 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961. They filed a discharge application under Section 227 of the Code of Criminal Procedure, 1973 (Cr.P.C.), which was rejected by the Additional Sessions Judge-5, Nagpur on 09.09.2019. They then filed Criminal Revision Application No. 4/2020, which was also dismissed by a learned Single Judge of the Bombay High Court on 27.01.2021. Thereafter, the applicants filed the present application under Section 482 Cr.P.C. seeking quashing of the charge-sheet and the proceedings. The core legal issue was whether the inherent power under Section 482 Cr.P.C. could be invoked after the rejection of a discharge application and the dismissal of the revision against it. The applicants argued that the inherent power is wide and can be exercised to prevent abuse of process. The State and the complainant opposed, contending that the petition was not maintainable as it amounted to a second revision, which is barred under Section 397(3) Cr.P.C. The Court analyzed the scheme of Sections 397 and 482 Cr.P.C. and held that while Section 482 preserves the inherent power, it cannot be used to circumvent the express bar under Section 397(3) against a second revision. The Court noted that the applicants had already availed the remedy of revision, which was dismissed on merits, and thus the present petition under Section 482 was not maintainable. The Court dismissed the application, leaving the applicants to face trial.
Headnote
A) Criminal Procedure - Inherent Powers - Section 482 Cr.P.C. - Maintainability after Rejection of Discharge and Revision - The applicants, accused in a dowry death case, filed a discharge application under Section 227 Cr.P.C., which was rejected. Their criminal revision against that rejection was also dismissed by a Single Judge. They then filed a petition under Section 482 Cr.P.C. for quashing the charge-sheet. The Court held that the inherent power under Section 482 cannot be invoked as a second revision or to circumvent the bar under Section 397(3) Cr.P.C. The petition was dismissed as not maintainable. (Paras 3-8)
Issue of Consideration
Whether it is permissible for the accused to invoke the inherent power of the High Court under Section 482 of the Cr.P.C. after their application seeking discharge under Section 227 of the Cr.P.C. is rejected and the criminal revision against that rejection is also dismissed?
Final Decision
The Criminal Application (APL) No. 263 of 2021 is dismissed as not maintainable. The applicants are left to face trial.
Law Points
- Section 482 Cr.P.C. cannot be used as a second revision
- Section 397(3) Cr.P.C. bars second revision
- Inherent power not available when alternative remedy exhausted
- Discharge application rejection followed by revision dismissal precludes Section 482 remedy
Case Details
2022 LawText (BOM) (12) 142
Criminal Application (APL) No. 263 of 2021
Sunil B. Shukre, M. W. Chandwani
Ms. Apurva D. Kolhe for applicants, Shri I. J. Damle APP for non-applicant no. 1/State, Shri Manoj Kumar Mishra for non-applicant no. 2
Pankaj S/o. Murlidhar Paunikar, Mayuri W/o. Ravi Paunikar, Sunil S/o. Purushottam Paunikar, Nalu W/o. Jitendra Khapekar
The State of Maharashtra, Ashokrao Govindrao Parate
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Nature of Litigation
Criminal application under Section 482 Cr.P.C. for quashing charge-sheet and proceedings in a dowry death case.
Remedy Sought
Quashing of charge-sheet no. 114/2017 registered as Sessions Trial No. 363/2017 pending before the Court of Additional Sessions Judge, Nagpur.
Filing Reason
The applicants' discharge application under Section 227 Cr.P.C. was rejected, and their criminal revision against that rejection was also dismissed. They then filed this application under Section 482 Cr.P.C.
Previous Decisions
Discharge application rejected by Additional Sessions Judge-5, Nagpur on 09.09.2019; Criminal Revision Application No. 4/2020 dismissed by learned Single Judge of Bombay High Court on 27.01.2021.
Issues
Whether the inherent power under Section 482 Cr.P.C. can be invoked after the rejection of a discharge application under Section 227 Cr.P.C. and the dismissal of the revision against it?
Whether the petition under Section 482 Cr.P.C. is maintainable in light of the bar under Section 397(3) Cr.P.C. against a second revision?
Submissions/Arguments
Applicants argued that the inherent power under Section 482 Cr.P.C. is wide and can be exercised to prevent abuse of process of court, and that the charge-sheet does not disclose any prima facie case against them.
Non-applicants (State and complainant) argued that the petition is not maintainable as it amounts to a second revision, which is barred under Section 397(3) Cr.P.C., and that the applicants have already availed the remedy of revision.
Ratio Decidendi
The inherent power under Section 482 Cr.P.C. cannot be invoked as a second revision or to circumvent the express bar under Section 397(3) Cr.P.C. Once a discharge application under Section 227 Cr.P.C. is rejected and the revision against that rejection is dismissed, a subsequent petition under Section 482 Cr.P.C. for quashing the same proceedings is not maintainable.
Judgment Excerpts
This application moved under Section 482 of the Code of Criminal Procedure (Cr.P.C.) by the applicants for quashing and setting aside the charge-sheet no. 114/2017 registered as Sessions Trial No. 363/2017... has a backdrop of certain facts which raise a question - whether it is permissible for the accused like the applicants to invoke inherent power of High Court under Section 482 of the Cr.P.C. after their application seeking discharge under Section 227 of the Cr.P.C. is rejected ?
The order of rejection of the discharge application of the applicants was challenged by the applicants when they preferred a Criminal Revision Application No. 4/2020. But, this application... was rejected by learned Single Judge of this Court... on 27.01.2021.
Procedural History
The applicants filed a discharge application under Section 227 Cr.P.C. in Sessions Trial No. 363/2017, which was rejected by the Additional Sessions Judge-5, Nagpur on 09.09.2019. They then filed Criminal Revision Application No. 4/2020, which was dismissed by a learned Single Judge of the Bombay High Court on 27.01.2021. Thereafter, they filed the present application under Section 482 Cr.P.C. on an unspecified date, which was heard and dismissed on 12.12.2022.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): Section 227, Section 397(3), Section 482
- Indian Penal Code, 1860 (IPC): Section 304B, Section 498A, Section 306, Section 34
- Dowry Prohibition Act, 1961: Section 3, Section 4
