Case Note & Summary
The petitioner, Jayshree Hogale, filed a complaint in the Court of Judicial Magistrate First Class, Osmanabad, against five persons including her in-laws (respondent nos.2 to 4) alleging offences under Sections 120-B, 465, 468, 471, 323, 506 read with Section 34 of the Indian Penal Code. The substance of the complaint was that after the death of her husband in 2001, the respondents harassed her for dowry and other financial demands, drove her out of the matrimonial home on 22-9-2001, and on 8-7-2010 when she went to demand her share in her husband's property, they abused, threatened, and assaulted her. The Magistrate examined the complainant and her witnesses, ordered a police investigation under Section 202 CrPC, and after considering the investigation report, issued process against all accused by order dated 1-2-2012. The respondent nos.2 to 4 (original accused nos.3 to 5) challenged this order by filing a revision application before the Sessions Court. The learned Ad-hoc Additional Sessions Judge-1, Osmanabad, allowed the revision and quashed the order issuing process. Aggrieved, the complainant approached the Bombay High Court in its constitutional jurisdiction. The High Court heard the parties and examined the record. The court noted that the Magistrate had applied his mind to the complaint, the evidence of the complainant and witnesses, and the police report, and found a prima facie case against the accused. The revisional court, however, reappreciated the evidence and substituted its own view, which was impermissible in law. The High Court held that the Sessions Court exceeded its jurisdiction in quashing the process, as the Magistrate's order was neither illegal nor improper. Consequently, the High Court allowed the writ petition, set aside the Sessions Court's order, and restored the Magistrate's order issuing process. The court directed the Magistrate to proceed with the trial in accordance with law.
Headnote
A) Criminal Procedure Code - Issuance of Process - Section 204 CrPC - The Magistrate, after considering the complaint, examination of complainant and witnesses, and police investigation report under Section 202 CrPC, issued process against all accused for offences under Sections 120-B, 465, 468, 471, 323, 506 read with Section 34 IPC. The Sessions Court in revision quashed the process. Held that the revisional court exceeded its jurisdiction by reappreciating evidence at the stage of process issuance, as the Magistrate had correctly applied his mind and found a prima facie case. (Paras 1-3, 5-6) B) Criminal Procedure Code - Revisional Jurisdiction - Section 397 CrPC - The revisional court cannot act as an appellate court and substitute its own view when the Magistrate's order issuing process is based on material on record and does not suffer from any illegality or impropriety. Held that the Sessions Court's order quashing process was unsustainable and liable to be set aside. (Paras 3, 6) C) Indian Penal Code - Dowry Harassment and Forgery - Sections 120-B, 465, 468, 471, 323, 506 r/w 34 IPC - The complaint alleged that after the death of the complainant's husband, her in-laws harassed her for dowry, drove her out, and later when she demanded her share in property, they abused, threatened, and assaulted her. The Magistrate found a prima facie case. Held that the allegations, if proved, disclose the offences charged, and the process was rightly issued. (Paras 5-6)
Issue of Consideration
Whether the Sessions Court was justified in quashing the order issuing process against the accused in a complaint alleging dowry harassment and forgery, when the Magistrate had applied his mind and found a prima facie case.
Final Decision
The High Court allowed the writ petition, set aside the order of the Sessions Court dated 1-2-2012, and restored the Magistrate's order issuing process against the accused. The Magistrate was directed to proceed with the trial in accordance with law.
Law Points
- Magistrate's power to issue process under Section 204 CrPC
- Scope of revisional jurisdiction against order issuing process
- Prima facie case test for issuance of process
- Section 202 CrPC investigation report consideration
