Case Note & Summary
The applicants, Dr. Kishor Uttamrao Hantodkar and Dr. Smita Kishor Hantodkar, medical practitioners, challenged an order dated 17/6/2013 passed by the Judicial Magistrate, First Class, which granted permission to the prosecution to examine further witnesses in a case under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 2003. The prosecution had earlier closed its evidence before charge, and the Magistrate had previously granted two opportunities to adduce further evidence. The impugned order did not state any reason for granting permission, merely noting that delay could be compensated by directing the complainant to pay costs of Rs.1,000/-. The applicants argued that the order lacked justification and was unsustainable. The High Court agreed, holding that the Magistrate failed to consider the necessity for grant of permission and that the order was passed without any reason. Consequently, the High Court quashed the order dated 17/6/2013 and the confirming order dated 02/12/2013 passed by the Additional Sessions Judge, Amravati, and allowed the application.
Headnote
A) Criminal Procedure Code, 1973 - Section 311 - Examination of Further Witnesses - Necessity of Recording Reasons - The Magistrate granted permission to examine further witnesses without stating any reason, despite the prosecution having closed its evidence earlier and having been given multiple opportunities. The order merely noted that delay could be compensated by costs. Held that such an order is unsustainable as it fails to consider the necessity and justification for granting permission. (Paras 4-7) B) Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 2003 - Prosecution - Evidence - The case pertains to alleged violations under the PCPNDT Act. The prosecution sought to examine further witnesses after closing evidence, but the Magistrate's order granting permission was quashed for lack of reasons. (Paras 1-8)
Issue of Consideration
Whether the order passed by the Judicial Magistrate granting permission to examine further witnesses without recording any reasons is sustainable in law.
Final Decision
The application is allowed. The order dated 17/6/2013 passed by Judicial Magistrate, First Class and the order dated 02/12/2013 passed by Additional Sessions Judge, Amravati are quashed and set aside.
Law Points
- Order granting permission to examine further witnesses must record reasons
- Necessity for grant of permission must be considered
- Mere compensation by costs is insufficient
