Case Note & Summary
The petitioner, Shri Jayesh Shah, filed a Criminal Writ Petition before the Bombay High Court challenging an order dated 4-7-1998 passed by the learned Metropolitan Magistrate, 30th Court, Kurla, Mumbai, granting 'A' Summary in connection with FIR No.232/1998. The petitioner was the complainant in the FIR. The High Court, upon perusal of the records, found that the impugned order was passed in a rubber-stamp manner without considering whether the case warranted 'A' Summary and without hearing the complainant. The court noted that the materials on record did not disclose that the complainant was served with any notice regarding the investigating agency's application for 'A' Summary. The court held that it is well-settled that before considering such an application, the Magistrate must hear the complainant and, after proper application of mind to the materials placed by the investigating agency, pass a reasoned order either allowing or refusing the 'A' Summary. Since the impugned order failed to meet these requirements, the court set it aside and directed the Magistrate to decide the application afresh in accordance with law, after hearing the complainant. The petition was disposed of accordingly.
Headnote
A) Criminal Procedure - 'A' Summary - Grant of Summary without Hearing Complainant - The order granting 'A' Summary was passed in a rubber-stamp manner without hearing the complainant and without application of mind - The Magistrate must hear the complainant and pass a reasoned order before granting 'A' Summary - Held that the impugned order is unsustainable and set aside (Paras 1-2).
Issue of Consideration
Whether the order granting 'A' Summary by the Metropolitan Magistrate was valid without hearing the complainant and without a reasoned order
Final Decision
The impugned order dated 4-7-1998 granting 'A' Summary is set aside. The learned Metropolitan Magistrate is directed to decide the application for 'A' Summary afresh in accordance with law, after hearing the complainant.
Law Points
- Grant of 'A' Summary requires hearing complainant
- reasoned order
- application of mind
Case Details
2005 LawText (BOM) (04) 101
Criminal Writ Petition No.1508 of 2004
R.M.S. Khandeparkar, P.V. Kakade
Shri J.A. Udaipuri i/b M/s. Udaipuri & Co. for the Petitioner, Shri I.S. Thakur, Addl. Public Prosecutor for the State
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Nature of Litigation
Criminal Writ Petition challenging the order granting 'A' Summary in FIR No.232/1998
Remedy Sought
Petitioner sought quashing of the order dated 4-7-1998 granting 'A' Summary
Filing Reason
The order granting 'A' Summary was passed without hearing the complainant and without application of mind
Previous Decisions
Order dated 4-7-1998 by Metropolitan Magistrate granting 'A' Summary
Issues
Whether the order granting 'A' Summary was valid without hearing the complainant and without a reasoned order
Submissions/Arguments
Petitioner argued that the order was passed in a rubber-stamp manner without hearing him
State submitted records but did not contest the procedural defect
Ratio Decidendi
Before granting 'A' Summary, the Magistrate must hear the complainant and pass a reasoned order after proper application of mind to the materials placed by the investigating agency.
Judgment Excerpts
Bare perusal of the so called order dated 4-7-1998 passed by the learned Metropolitan Magistrate granting 'A' Summary apparently discloses that the same has been passed in the form of a rubber stamp, without considering the fact as to whether the case is made out for the grant of 'A' Summary or not and without hearing the complainant before the grant of the 'A' Summary.
It is well-settled that before considering the application of the investigating agency for the grant of the 'A' Summary, it is absolutely necessary for the Magistrate to hear the complainant and thereupon on proper application of mind to the materials placed before him by the investigating agency, he should pass a reasoned order, either allowing or refusing the 'A' Summary.
Procedural History
The petitioner filed a Criminal Writ Petition before the Bombay High Court challenging the order dated 4-7-1998 passed by the Metropolitan Magistrate granting 'A' Summary in FIR No.232/1998. The High Court heard the matter and set aside the order.
