Case Note & Summary
The applicants, seven individuals from Ajanti, Ner, Yavatmal, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the order dated 1.3.2005 passed by the Sub-Divisional Magistrate, Darwha, in Criminal Case No.76/145/82, and the order dated 17.3.2007 passed by the Additional Sessions Judge, Darwha, in Criminal Revision No.5 of 2005. The dispute concerned the possession of Khakhinath Malkoji Deosthan, a temple in Ajanti. On 4.4.1982, the Police Station Officer, Ner, submitted an Istegasha to the SDM, who on 12.4.1982 passed a preliminary order under Section 145(1) CrPC. The proceedings continued for over two decades. The applicants contended that they were not given copies of documents filed by the opposite party and were not allowed to cross-examine the witnesses whose affidavits were relied upon by the SDM. The SDM passed the final order on 1.3.2005, which was upheld in revision by the Additional Sessions Judge on 17.3.2007. The High Court found that the applicants were denied the right to cross-examine witnesses and were not supplied copies of documents, which violated principles of natural justice. The court held that the proceedings were vitiated and quashed both the orders, remanding the matter to the SDM for fresh decision in accordance with law, with a direction to give full opportunity to both parties, including the right to cross-examine witnesses and supply of documents.
Headnote
A) Criminal Procedure Code - Section 145 CrPC - Preliminary Order - Dispute regarding possession of Khakhinath Malkoji Deosthan - SDM passed preliminary order under Section 145(1) CrPC on 12.4.1982 - Proceedings continued for over two decades - Held that the proceedings were not concluded within the statutory period but the court did not quash on that ground alone (Paras 2-3). B) Criminal Procedure Code - Section 145 CrPC - Natural Justice - Right to Cross-Examination - Applicants were not given opportunity to cross-examine witnesses whose affidavits were filed by the opposite party - SDM relied on those affidavits without affording cross-examination - Held that denial of right to cross-examine violates principles of natural justice and vitiates the proceedings (Paras 4-5). C) Criminal Procedure Code - Section 145 CrPC - Supply of Documents - Applicants were not supplied copies of documents relied upon by the opposite party - Held that non-supply of documents amounts to denial of reasonable opportunity and is a ground for quashing (Para 4). D) Criminal Procedure Code - Section 145 CrPC - Remand - Since the proceedings were vitiated due to procedural irregularities, the matter was remanded to the SDM for fresh decision in accordance with law, after giving full opportunity to both parties (Para 5).
Issue of Consideration
Whether the proceedings under Section 145 of the Code of Criminal Procedure, 1973 were vitiated due to denial of opportunity to cross-examine witnesses and non-supply of documents, and whether the order of the Sub-Divisional Magistrate and the revisional order of the Additional Sessions Judge are liable to be quashed.
Final Decision
The application is allowed. The order dated 1.3.2005 passed by the Sub-Divisional Magistrate, Darwha, in Criminal Case No.76/145/82 and the order dated 17.3.2007 passed by the Additional Sessions Judge, Darwha, in Criminal Revision No.5 of 2005 are quashed and set aside. The matter is remanded back to the Sub-Divisional Magistrate, Darwha, for decision afresh in accordance with law, after giving full opportunity to both parties, including the right to cross-examine witnesses and supply of documents.
Law Points
- Natural justice
- right to cross-examination
- Section 145 CrPC
- Section 146 CrPC
- quashing of proceedings
- remand for fresh hearing
