Case Note & Summary
The petitioner, Nandkumar C. Chavan, challenged an order dated 5th April 2004 passed by the V Additional Sessions Judge, Solapur in Criminal Revision Application No.236 of 2003. The revision was filed by respondent no.1 against an order dated 6th December 2003 passed by the learned J.M.F.C., Solapur directing that the vehicle in dispute be given in custody of the petitioner subject to furnishing solvent surety. The revisional court set aside the magistrate's order and directed the petitioner to hand over custody of the vehicle to respondent no.1. The petitioner contended that the revisional court relied on certain documents which were filed for the first time in the revision application, being xerox copies of alleged original documents, without affording any opportunity to the petitioner to deal with them, causing prejudice. The respondent no.1 supported the impugned order. The High Court perused the certified copy of the Roznama of the criminal revision application, which disclosed that on 27th April 2004, arguments of the advocate for respondent no.1 were heard and the revision was adjourned to 28th April 2004. After that entry, there was a further entry made in the roznama indicating that the documents were filed. The court found that the revisional court had relied on documents filed for the first time in revision without giving an opportunity to the petitioner to deal with them, which was improper. The court held that the impugned order could not be sustained and set it aside, remanding the matter back to the revisional court for fresh decision after giving an opportunity to both parties to deal with the documents. The court directed the revisional court to decide the revision application afresh within three months from the date of receipt of the writ.
Headnote
A) Criminal Procedure - Revision - Reliance on Additional Documents - Revisional court cannot rely on documents filed for the first time in revision without giving opportunity to the opposite party to deal with them - The revisional court relied on xerox copies of alleged original documents filed for the first time in revision, causing prejudice to the petitioner - Held that such reliance is improper and the order is set aside (Paras 3-6).
Issue of Consideration
Whether the revisional court could rely on documents filed for the first time in revision without affording an opportunity to the petitioner to deal with them.
Final Decision
Writ petition allowed. Impugned order dated 5th April 2004 set aside. Matter remanded to revisional court for fresh decision after giving opportunity to both parties to deal with documents. Revisional court to decide within three months.
Law Points
- Revisional court cannot rely on documents filed for first time without giving opportunity to opposite party
- Natural justice
- Fair opportunity
