Case Note & Summary
The petitioner, the original complainant in a case under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, challenging two orders passed by the Judicial Magistrate First Class, Jalna. The first order dated 04-06-2019 granted anticipatory bail to the respondent No.2 (original accused) under Section 438 CrPC, and the second order dated 26-08-2019 rejected the petitioner's application for recall of that bail order. The petitioner contended that the magistrate passed the anticipatory bail order without giving any notice or opportunity of hearing to the complainant, which is mandatory under the law. The respondent No.2 opposed the petition, arguing that the complainant has no locus standi in anticipatory bail proceedings. The court examined the provisions of Section 438 CrPC and Section 15A of the SC/ST Act, and held that the victim/complainant has a right to be heard before the grant of anticipatory bail, as the victim is an aggrieved party and the investigation may be affected. The court found that the magistrate had not given any notice to the complainant before passing the impugned orders, and thus the orders were illegal and liable to be set aside. The court allowed the petition, set aside both impugned orders, and directed the magistrate to hear the complainant before passing any fresh order on the anticipatory bail application. The court also disposed of the criminal application.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Right of Victim to be Heard - Section 438 CrPC - The court considered whether the original complainant has locus standi to challenge an order granting anticipatory bail under Section 438 CrPC. Held that the victim has a right to be heard before the grant of anticipatory bail, as the victim is an aggrieved party and the investigation may be affected. The court allowed the petition and set aside the impugned orders, directing the magistrate to hear the complainant before passing any order on the anticipatory bail application. (Paras 1-10) B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Right of Victim - Section 15A - The court noted that under Section 15A of the SC/ST Act, the victim has a right to participate in proceedings. The court held that the magistrate erred in granting anticipatory bail without hearing the complainant, and thus the orders were set aside. (Paras 5-8)
Issue of Consideration
Whether the original complainant/victim has a right to be heard and to challenge an order granting anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, especially in cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Final Decision
The court allowed the criminal writ petition, set aside the impugned orders dated 04-06-2019 and 26-08-2019 passed by the Judicial Magistrate First Class, Jalna, and directed the magistrate to hear the complainant before passing any fresh order on the anticipatory bail application. The criminal application was disposed of.
Law Points
- Right of victim to be heard in anticipatory bail proceedings
- Section 438 CrPC
- Section 15A SC/ST Act
- Article 226/227 Constitution of India
- Section 482 CrPC
