Case Note & Summary
The petitioner, Ravikant Dattatraya Chandpure, was the original complainant in a private complaint case (Complaint (Summary) Case No.3225 of 1993) filed against the respondent, Suresh Shankar Ahire, in the court of Judicial Magistrate, First Class, Railway Court, Kalyan. The complaint alleged that on 12.4.1993, at Thane Railway Station, the respondent along with associates assaulted the petitioner with fist blows, kicks, and a belt, causing him to fall on the platform. The petitioner and respondent were colleagues at the Industrial Development Bank of India (IDBI) Tower, Cuffe Parade, Mumbai, and had strained relations. The trial resulted in the conviction of the respondent, who was sentenced to simple imprisonment for one month. Subsequently, the State Government, through its Home Department, issued an order under Section 433(d) of the Criminal Procedure Code, 1973 commuting the sentence of simple imprisonment to a fine of Rs.1000/-. The petitioner challenged this commutation order by way of a Criminal Writ Petition before the Bombay High Court. The petitioner argued that the commutation was improper and that he should have been heard before the order was passed. The respondent and the State opposed the petition, contending that the power under Section 433(d) CrPC is an executive power of the State Government and does not require the complainant's consent or hearing. The High Court, after considering the submissions, held that the power of commutation under Section 433(d) CrPC is a valid executive power and the State Government's order was within its authority. The court found no merit in the petitioner's challenge and dismissed the writ petition. The court did not find any requirement for the complainant to be heard before such commutation, as the power is exercised by the executive in accordance with law. The decision upheld the State's order commuting the sentence to a fine.
Headnote
A) Criminal Procedure Code - Commutation of Sentence - Section 433(d) CrPC - Power of State Government - The State Government has the power to commute a sentence of simple imprisonment to a fine under Section 433(d) CrPC. The exercise of this power is an executive function and does not require the consent or hearing of the complainant. The court upheld the commutation order passed by the Home Department, Government of Maharashtra, commuting the sentence of one month simple imprisonment to a fine of Rs.1000/-. (Paras 1-3)
Issue of Consideration
Whether the State Government's order commuting the sentence of simple imprisonment for one month to a fine of Rs.1000/- under Section 433(d) of the Criminal Procedure Code, 1973 is valid and whether the complainant has a right to be heard before such commutation.
Final Decision
The High Court dismissed the writ petition, upholding the State Government's order commuting the sentence of simple imprisonment for one month to a fine of Rs.1000/- under Section 433(d) CrPC.
Law Points
- Commutation of sentence under Section 433(d) CrPC is an executive power
- not subject to complainant's consent
- State government's order commuting simple imprisonment to fine is valid if done in accordance with law
- No requirement to hear complainant before commutation
