Case Note & Summary
The petitioner, Avinash s/o Bansi Ghorpade, filed a Criminal Writ Petition before the Bombay High Court, Aurangabad Bench, seeking a direction to the Chief Judicial Magistrate, Aurangabad, to accept his surrender and record his confession in Crime No.71/2014 registered at Police Station Newasa, District Ahmednagar. The petitioner was a co-accused in the said crime and intended to surrender and confess. The Chief Judicial Magistrate had refused to accept the application on the ground that the crime was registered outside his territorial jurisdiction. The High Court, after hearing the parties, held that the Magistrate's refusal was erroneous. The Court observed that Section 164 of the Code of Criminal Procedure, 1973 (CrPC) imposes a duty on any Magistrate to record a confession made by an accused, irrespective of territorial jurisdiction. The Court directed the Chief Judicial Magistrate, Aurangabad, to accept the petitioner's surrender and record his confession in accordance with law. The petition was allowed, and rule was made absolute.
Headnote
A) Criminal Procedure Code - Section 164 - Confession - Territorial Jurisdiction - Magistrate cannot refuse to record confession of an accused solely on the ground that the crime was registered outside his territorial jurisdiction - The duty to record confession under Section 164 CrPC is a statutory obligation and not dependent on territorial limits - Held that the Chief Judicial Magistrate, Aurangabad, must accept the petitioner's surrender and record his confession in Crime No.71/2014 registered at Police Station Newasa, District Ahmednagar (Paras 1-5).
Issue of Consideration
Whether a Chief Judicial Magistrate can refuse to accept the surrender and record the confession of an accused on the ground that the crime was registered outside his territorial jurisdiction?
Final Decision
The petition is allowed. The Chief Judicial Magistrate, Aurangabad is directed to accept the petitioner's surrender and record his confession in Crime No.71/2014 registered at Police Station Newasa, District Ahmednagar, in accordance with law. Rule is made absolute.
Law Points
- Right to surrender and confess under Section 164 CrPC
- Territorial jurisdiction of Magistrate
- Duty of Magistrate to record confession
- Applicability of NDPS Act
Case Details
2014 LawText (BOM) (07) 9
Criminal Writ Petition No.788 of 2014
Mr. Pradeep N. Sonpethkar for Petitioner; Mr. M.M. Neralikar, APP for Respondent/State
Avinash s/o Bansi Ghorpade
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Nature of Litigation
Criminal Writ Petition seeking direction to Magistrate to accept surrender and record confession
Remedy Sought
Direction to Chief Judicial Magistrate, Aurangabad to accept petitioner's surrender and record his confession in Crime No.71/2014
Filing Reason
Chief Judicial Magistrate refused to accept surrender and record confession on ground of territorial jurisdiction
Issues
Whether the Chief Judicial Magistrate can refuse to accept surrender and record confession of an accused on the ground that the crime was registered outside his territorial jurisdiction?
Submissions/Arguments
Petitioner argued that he is a co-accused in Crime No.71/2014 and intends to surrender and confess before the Magistrate.
Respondent/State opposed the petition, but the Court found no merit in the opposition.
Ratio Decidendi
A Magistrate cannot refuse to record a confession under Section 164 CrPC solely on the ground that the crime was registered outside his territorial jurisdiction. The duty to record confession is a statutory obligation that must be performed by any Magistrate before whom the accused appears.
Judgment Excerpts
Heard. Rule. Rule returnable forthwith. Heard finally by consent of parties.
In the present writ petition, the petitioner is seeking direction against Chief Judicial Magistrate, Aurangabad to accept his application for surrender and for recording his confession in Crime No.71/2014 registered at Police Station, Newasa, District Ahmednagar.
The averments in the petition reveal that the present petitioner had filed an application before the Chief Judicial Magistrate, Aurangabad, contending that he is co-accused in Crime No.71/2014 registered at Police Station, Newasa District Ahmednagar and intends to surrender before the learned Magistrate and desires to confess.
Procedural History
The petitioner filed an application before the Chief Judicial Magistrate, Aurangabad for surrender and recording of confession. The Magistrate refused. The petitioner then filed the present Criminal Writ Petition before the Bombay High Court, Aurangabad Bench. The petition was heard and disposed of on 31st July 2014.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): Section 164
