Case Note & Summary
The case involves a criminal revision application filed by Arun Gopal Ranade, an accused in a corruption case investigated by the Central Bureau of Investigation (CBI), Anti-Corruption Branch, Nagpur. The applicant challenged an order dated 19 July 2007 passed by the Special Judge, Nagpur in Special Case No. 6 of 1996 (26/2003), which allowed the prosecution's application to summon Smt Lize Jacob as a sanctioning authority to prosecute the accused. The applicant contended that Smt Jacob's name did not appear in the list of witnesses filed by the prosecution along with the charge sheet. Additionally, the original sanctioning authority, Shri G.D. Sharma, had passed away, and Smt Jacob could not be substituted in his place. The prosecution's reason that Smt Jacob was senior to Shri Sharma was not a valid ground. The applicant also pointed out that he was never called upon to admit or deny the genuineness of any documents, including the sanction order. The High Court examined the impugned order, which was cryptic and merely stated 'Application is allowed and issue summons to P.W. as prayed.' The Court observed that the Special Judge failed to assign any reasons for allowing the application to summon an officer not cited as a witness. The Court emphasized that when an accused faces serious accusations, it is just and proper to exercise care and caution and insist upon compliance with procedure prescribed by law. The accused was never given an opportunity at the pre-trial stage to admit or deny the genuineness of documents. Consequently, the High Court allowed the revision application, quashed the impugned order, and set it aside. However, the Court granted liberty to the prosecution to apply afresh, citing provisions of law and assigning adequate reasons to summon the said officer. If such an application is made, the Special Judge shall decide it adhering to principles of law and natural justice, affording full opportunity of hearing to the accused. The parties were directed to appear before the Special Judge on 3 May 2011.
Headnote
A) Criminal Procedure - Summoning of Witness - Uncited Witness - Sanctioning Authority - The prosecution sought to summon Smt Lize Jacob as a witness though she was not listed in the charge sheet. The Special Judge allowed the application without any reasoning. The High Court held that such an order is unsustainable as it lacks reasons and the accused was not given an opportunity to admit or deny documents. The order was quashed with liberty to apply afresh. (Paras 1-5) B) Criminal Procedure - Reasoned Order - Necessity - The impugned order merely stated 'Application is allowed and issue summons to P.W. as prayed.' The High Court observed that when an accused faces serious accusations, it is just and proper to exercise care and caution and insist upon compliance with procedure. A cryptic order without reasons is liable to be set aside. (Para 4) C) Criminal Procedure - Pre-trial Procedure - Admission/Denial of Documents - The accused was never called upon at pre-trial stage to admit or deny genuineness of documents filed by the prosecution. This procedural lapse further vitiated the order allowing summoning of an uncited witness. (Para 4)
Issue of Consideration
Whether the Special Judge could allow summoning of a sanctioning authority who was not cited as a witness in the list of witnesses filed with the charge sheet, without assigning reasons and without calling upon the accused to admit or deny the genuineness of documents.
Final Decision
Revision application allowed. Impugned order dated 19.7.2007 quashed and set aside. Liberty to prosecution to apply afresh citing provisions of law and assigning adequate reasons. If such application made, Special Judge to decide adhering to principles of law and natural justice, affording full hearing to accused. Parties to appear before Special Judge on 3.5.2011.
Law Points
- Summoning of witness not cited in charge sheet requires reasoned order
- opportunity to accused to admit or deny documents before trial
- adherence to principles of natural justice
