Case Note & Summary
The applicant, Maroti S/o Kaluba More, filed a First Information Report (FIR No. 159/2000) with the Kandhar police station in Nanded district. The Investigating Officer submitted a report under Section 169 of the Code of Criminal Procedure, 1973 (CrPC) recommending discharge of the accused persons. The learned Judicial Magistrate First Class, Kandhar, accepted the report and discharged the accused by order dated 24/06/2002 without issuing any prior notice or affording an opportunity of hearing to the applicant, who was the first informant. Aggrieved, the applicant filed a Criminal Revision Application before the Bombay High Court, Aurangabad Bench, challenging the order on the ground of denial of natural justice. The applicant's counsel argued that the Magistrate was bound to give notice and hear the first informant before accepting the Section 169 report, relying on the Supreme Court's decision in Bhagwant Singh v. Commissioner of Police, AIR 1985 SC 1285. The State respondents opposed the application. The High Court framed the issue as whether the first informant is entitled to notice and hearing before the Magistrate accepts a report under Section 169 CrPC. The Court noted that a similar question was considered by the Gujarat High Court in Special Criminal Application No. 334 of 2002. The Court held that the principle in Bhagwant Singh applies to Section 169 reports, and the Magistrate must give notice to the first informant before accepting such a report. Consequently, the impugned order was set aside, and the matter was remanded to the Magistrate for fresh consideration after giving notice and hearing to the applicant. The Criminal Revision Application was allowed.
Headnote
A) Criminal Procedure - Right of Hearing - First Informant - Section 169, Code of Criminal Procedure, 1973 - The first informant is entitled to notice and an opportunity of hearing before the Magistrate accepts a police report under Section 169 CrPC discharging the accused. The Magistrate's order without such notice violates principles of natural justice. (Paras 4-6) B) Criminal Procedure - Precedent - Bhagwant Singh v. Commissioner of Police - AIR 1985 SC 1285 - The principle laid down in Bhagwant Singh applies to reports under Section 169 CrPC, requiring the Magistrate to give notice to the first informant before accepting the report. (Para 4)
Issue of Consideration
Whether the first informant is entitled to notice and hearing before the Magistrate accepts a police report under Section 169 of the Code of Criminal Procedure, 1973 discharging the accused.
Final Decision
The Criminal Revision Application is allowed. The impugned order dated 24/06/2002 passed by the learned Judicial Magistrate First Class, Kandhar, is set aside. The matter is remanded to the learned Magistrate for fresh consideration after giving notice and opportunity of hearing to the applicant. Rule is made absolute accordingly.
Law Points
- Right of hearing
- Natural justice
- Section 169 CrPC
- First informant
- Notice before discharge
- Bhagwant Singh case
