Case Note & Summary
The petitioners, eight police officers serving in the Police Department of Maharashtra, filed a criminal writ petition under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 (CrPC), challenging two orders: (1) an order dated 15-2-2011 passed by the learned Judicial Magistrate (F.C.), Tuljapur, in Criminal Miscellaneous Application No. 252/2010, and (2) an order dated 21st April 2011 passed by the Additional Sessions Judge, Osmanabad, in Criminal Revision Application No. 29/2011, to the extent of Clause (iii) thereof. The respondent no.3, Uma Rajebhau @ Rajendra Mane, had filed a private complaint on 3rd December 2010 before the Magistrate alleging that the petitioners committed offences punishable under Sections 218, 219, 323, 324, 354, 504 and 506 of the Indian Penal Code (IPC). The Magistrate issued process and later passed an order directing the petitioners to pay interim compensation to the complainant. The petitioners challenged this order before the Sessions Court in revision, which modified the order but upheld the direction for interim compensation in Clause (iii). The petitioners then approached the High Court. The main legal issue was whether a Magistrate can direct payment of interim compensation under Section 357 CrPC before the accused is convicted. The petitioners argued that Section 357 CrPC applies only after conviction and cannot be invoked during trial. The respondents supported the orders. The High Court analyzed the language of Section 357 CrPC and held that it clearly empowers the court to award compensation only when passing a sentence of fine or imprisonment, i.e., after conviction. The court noted that no such power exists to grant interim compensation before trial. The revisional court's order directing interim compensation was held to be without jurisdiction and was quashed. The High Court allowed the petition, set aside the impugned orders to the extent of Clause (iii) of the revisional order, and directed that the trial proceed in accordance with law.
Headnote
A) Criminal Procedure Code - Interim Compensation - Section 357 CrPC - Power to award compensation - The Magistrate cannot direct payment of interim compensation to the complainant under Section 357 CrPC before the accused is convicted. The provision applies only after conviction and not during the pendency of the trial. (Paras 7-9) B) Criminal Procedure Code - Revisional Jurisdiction - Scope - The revisional court cannot pass an order directing payment of interim compensation when the trial court had not passed any such order, as it would be beyond the scope of revision and without jurisdiction. (Para 10) C) Criminal Procedure Code - Private Complaint - Police Officers - Sections 218, 219, 323, 324, 354, 504, 506 IPC - The complaint against police officers for alleged offences was pending trial; the court held that no interim compensation could be awarded at that stage. (Paras 5-6)
Issue of Consideration
Whether a Magistrate can direct payment of interim compensation to the complainant under Section 357 of the Code of Criminal Procedure, 1973, before the conclusion of trial and without recording a conviction.
Final Decision
The High Court allowed the petition, quashed the order dated 15-2-2011 passed by the Judicial Magistrate (F.C.), Tuljapur, and set aside Clause (iii) of the order dated 21-4-2011 passed by the Additional Sessions Judge, Osmanabad. The trial was directed to proceed in accordance with law.
Law Points
- Interim compensation cannot be awarded under Section 357 CrPC before conviction
- Section 357 CrPC applies only after conviction
- Revisional court cannot enhance order beyond its jurisdiction
- Private complaint against police officers for offences under IPC
