Case Note & Summary
The case arises from a criminal complaint filed by Smt. Sushilabai Shaligram Arbat (the applicant) against respondents Sau. Lata Shankarrao Arbat and Waman Narayan Arbat (respondents 1 and 2) for offences under Sections 447, 452, 426, and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC). The alleged incident occurred on 22 April 2001, and a report was lodged at Police Station Dahi Handa on 23 April 2001. As no police action was taken, the complainant filed a complaint case (Criminal Case No. 198 of 2001) before the Judicial Magistrate, First Class, Akot. The Magistrate postponed the order of issue of process, received a report from the Police Station Officer, and subsequently issued process for the said offences. Aggrieved by this order, respondents 1 and 2 filed a revision application (Revision Application No. 168 of 2002) before the Court of Session, Akola. During the proceedings of that revision, the counsel for the complainant (the applicant herein) remained absent, and the Additional Sessions Judge, Akola, decided the revision ex parte, allowing it and setting aside the order of issue of process by order dated 6 January 2003. The complainant then challenged this order before the High Court of Bombay, Nagpur Bench, in Criminal Revision Application No. 35 of 2003. The High Court considered the submissions of the applicant's counsel, who argued that the revision was decided without hearing the complainant's counsel, as the senior counsel had to go to Pune due to his wife's hospitalization, and the Sessions Judge should have granted an adjournment. An affidavit of the advocate (Shri Agrawal) was filed in support. The applicant's counsel also submitted on merits that the Magistrate's order was correct and that even if the revision was to be allowed, the Sessions Judge should have directed the Magistrate to record statements in inquiry under Section 202 of the Code of Criminal Procedure, 1973 (CrPC) before setting aside the process, as quashing the order of issue of process is prejudicial to the complainant. The High Court, after hearing the parties, found that the order of the Additional Sessions Judge was passed in violation of principles of natural justice as the complainant was not given an opportunity to be heard. The court allowed the revision application, set aside the order dated 6 January 2003, and remanded the matter to the Additional Sessions Judge, Akola, for fresh hearing on merits, directing that the parties be given an opportunity to be heard and the revision be decided afresh in accordance with law.
Headnote
A) Criminal Procedure Code - Revision - Ex Parte Order - Natural Justice - Sections 397, 401 CrPC - The Additional Sessions Judge decided the revision ex parte as the complainant's counsel was absent due to his wife's hospitalization in Pune. The High Court held that the order was passed in violation of principles of natural justice as the complainant was not given an opportunity to be heard. The matter was remanded to the Sessions Judge for fresh hearing on merits. (Paras 4-5) B) Criminal Procedure Code - Process - Setting Aside - Sections 200, 202 CrPC - The High Court observed that even if the revision was to be allowed, the Sessions Judge should have directed the Magistrate to record statements in inquiry under Section 202 CrPC before setting aside the process, as quashing the order of issue of process is prejudicial to the complainant. (Para 4)
Issue of Consideration
Whether the Additional Sessions Judge was justified in deciding the revision application ex parte without hearing the complainant's counsel, and whether the order setting aside the process should be set aside and the matter remanded for fresh hearing.
Final Decision
The High Court allowed the revision application, set aside the order dated 6.1.2003 passed by the Additional Sessions Judge, Akola, and remanded the matter to the Additional Sessions Judge, Akola, for fresh hearing on merits, directing that the parties be given an opportunity to be heard and the revision be decided afresh in accordance with law.
Law Points
- Natural justice
- right to be heard
- ex parte order
- criminal revision
- setting aside process
- opportunity of hearing
- remand
