Case Note & Summary
The petitioners, original accused in a criminal case, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging the order of the Judicial Magistrate First Class, Shirur Kasar, District Beed dated 20/5/2017, which directed issuance of process under Section 307 of the Indian Penal Code, 1860 (IPC) along with other sections. The case arose from an FIR lodged on 24/8/2015 alleging that due to a land dispute, the accused formed an unlawful assembly, assaulted the complainant, and that applicant no.5 tried to throttle the complainant's wife with a saree and snatched her gold mangalsutra. Initially, the crime was registered under Sections 143, 147, 148, 149, 394, 326, 504 IPC and Section 25 read with Section 4 of the Arms Act. During investigation, the Investigating Officer deleted Section 394 IPC and added Section 327 IPC, and submitted a charge sheet on 13/12/2016 without including Section 307 IPC. However, the summary mentioned the strangulation attempt. Later, the Investigating Officer submitted a report dated 24/3/2017 to the Magistrate requesting deletion of the strangulation version, stating that the offence was committed only to take possession of land and there was no intention to kill. The Magistrate, by the impugned order, held that the record showed consistent allegations of throttling and that there was sufficient ground to proceed under Section 307 IPC, rejecting the Investigating Officer's report. The High Court examined the materials and found that the allegations, even if true, did not disclose an intention to cause death or knowledge that the act was likely to cause death, as required for Section 307 IPC. The court noted that the Investigating Officer had specifically opined that there was no intention to kill, and the Magistrate had not given adequate reasons to override that opinion. The High Court held that the order issuing process under Section 307 IPC was not sustainable and quashed it, while allowing the proceedings to continue for other offences. The court allowed the application in part, setting aside the impugned order only to the extent of Section 307 IPC.
Headnote
A) Criminal Procedure Code - Section 482 - Inherent Powers - Quashing of Process - The High Court can exercise inherent powers under Section 482 CrPC to quash an order issuing process if the allegations do not prima facie constitute the offence alleged. (Paras 1-2) B) Indian Penal Code - Section 307 - Attempt to Murder - Ingredients - For an offence under Section 307 IPC, there must be an intention to cause death or knowledge that the act is likely to cause death. Mere allegation of strangulation without evidence of intention to kill does not attract Section 307. (Paras 6-8) C) Criminal Procedure Code - Section 190 - Cognizance of Offence - Magistrate's Power - While taking cognizance, the Magistrate can consider the charge sheet and other materials, but cannot add a more serious offence without proper basis. The Investigating Officer's report seeking deletion of the strangulation allegation was a relevant factor. (Paras 4-5) D) Criminal Procedure Code - Section 173 - Charge Sheet - Contents - The Investigating Officer has the discretion to include or exclude sections based on investigation. The Magistrate cannot substitute his own opinion over the investigating officer's findings without strong reasons. (Paras 3-5)
Issue of Consideration
Whether the learned Magistrate was justified in directing issuance of process under Section 307 of the IPC despite the Investigating Officer having not included that section in the charge sheet and having submitted a report seeking deletion of the allegation of strangulation.
Final Decision
The High Court allowed the application in part. The impugned order dated 20/5/2017 passed by the Judicial Magistrate First Class, Shirur Kasar, District Beed is set aside only to the extent of issuance of process under Section 307 of the IPC. The proceedings shall continue for other offences.
Law Points
- Section 482 CrPC
- Section 307 IPC
- Cognizance of offence
- Charge sheet
- Magistrate's power to add sections
- Intent to kill
