Case Note & Summary
The applicant, Krishna Sahebrao Patil, filed a Criminal Application under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court of Judicature at Bombay, Bench at Aurangabad, challenging an order dated 31st December 2013 passed by the trial court. The trial court had discharged the accused in the case solely on the ground that the original statements recorded under Section 164 Cr.P.C. were not traceable in Nazarat. The applicant argued that the trial court ought to have directed reconstruction of the record instead of discharging the accused. The High Court, after hearing the learned counsel for the applicant and the learned A.P.P. for the State, found that the trial court had erred in discharging the accused. The High Court held that the trial court should have taken steps to reconstruct the record and proceed with the trial. Consequently, the High Court allowed the application, set aside the impugned order, and directed the trial court to proceed with the trial in accordance with law. The High Court also directed the trial court to take appropriate steps for reconstruction of the record.
Headnote
A) Criminal Procedure - Inherent Powers under Section 482 Cr.P.C. - Quashing of Trial Court Order - The High Court set aside the trial court's order discharging the accused solely on the ground that original Section 164 Cr.P.C. statements were not traceable in Nazarat. The High Court held that the trial court ought to have directed reconstruction of the record instead of discharging the accused. The matter was remanded for further proceedings. (Paras 1-4) B) Criminal Procedure - Section 164 Cr.P.C. Statements - Loss of Original Records - The trial court found that original statements recorded under Section 164 Cr.P.C. were not available in Nazarat. The High Court observed that the trial court should have taken steps to reconstruct the record rather than discharging the accused. The order was quashed and the trial court was directed to proceed with the trial. (Paras 2-4)
Issue of Consideration
Whether the trial court was justified in discharging the accused due to non-availability of original statements recorded under Section 164 of the Code of Criminal Procedure, 1973, and whether the High Court should exercise its inherent powers under Section 482 Cr.P.C. to set aside such order and direct reconstruction of the record.
Final Decision
The High Court allowed the application, set aside the trial court's order dated 31st December 2013, and directed the trial court to proceed with the trial in accordance with law. The trial court was also directed to take appropriate steps for reconstruction of the record.
Law Points
- Section 482 Cr.P.C. inherent powers
- Section 164 Cr.P.C. statements
- reconstruction of lost records
- criminal trial procedure
