Case Note & Summary
The applicant, Mr. Ashok Chavan, was an accused in Special Case No. 42 of 2012 pending before a Special Judge, facing trial for offences under Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988, along with other charges under Sections 420, 468, and 471 of the Indian Penal Code, 1860. The applicant could not be prosecuted for the IPC charges due to lack of sanction from the Governor of Maharashtra under Section 197 of the Code of Criminal Procedure, 1973. The Central Bureau of Investigation (CBI), the prosecuting agency, filed an application under Sections 169 and 173(8) of the Cr.P.C. before the Special Judge seeking deletion of the applicant's name from the charge-sheet, citing the refusal of sanction. The Special Judge rejected this application. Aggrieved, the CBI filed Criminal Revision Application No. 136 of 2014 before the Bombay High Court. On 19th November 2014, the High Court allowed the revision application and directed the deletion of the applicant's name from the charge-sheet. The applicant, who was the original accused No. 11, was not heard before this order was passed. The applicant then filed the present application under Section 362 of the Cr.P.C. seeking recall of the order dated 19th November 2014, on the ground that he was a necessary party and was not given an opportunity of being heard, violating principles of natural justice. The court examined the facts and found that the applicant was indeed not heard before the order was passed. The court noted that the order was passed in a revision application filed by the CBI, and the applicant, being the accused, was directly affected by the order. The court held that the order was passed without hearing the applicant, which was a clear violation of natural justice. Consequently, the court allowed the application, recalled the order dated 19th November 2014, and directed that Criminal Revision Application No. 136 of 2014 be heard afresh after giving an opportunity of hearing to all parties, including the applicant. The court also clarified that the interim stay granted earlier would continue until the fresh hearing.
Headnote
A) Criminal Procedure - Recall of Order - Natural Justice - Right to be Heard - Code of Criminal Procedure, 1973, Section 362 - The applicant, an accused in a corruption case, sought recall of an order passed in a revision application filed by CBI, as he was not heard before the order was made. The court held that the order was passed without hearing the applicant, who was a necessary party, and thus violated principles of natural justice. The order was recalled and the revision application was directed to be heard afresh after giving an opportunity of hearing to all parties. (Paras 1-8) B) Prevention of Corruption Act - Sanction for Prosecution - Sections 13(2) r/w 13(1)(d) - The applicant was facing trial under the Prevention of Corruption Act, but could not be prosecuted for other charges under IPC due to lack of sanction from the Governor under Section 197 Cr.P.C. The CBI sought deletion of his name from the charge-sheet, which was rejected by the Special Judge. (Paras 3-4)
Issue of Consideration
Whether the order dated 19th November 2014 in Criminal Revision Application No. 136 of 2014 should be recalled as the applicant was not heard before the order was passed, violating principles of natural justice.
Final Decision
The court allowed the application, recalled the order dated 19th November 2014, and directed that Criminal Revision Application No. 136 of 2014 be heard afresh after giving an opportunity of hearing to all parties. The interim stay granted earlier was directed to continue until the fresh hearing.
Law Points
- Recall of order
- Natural justice
- Right to be heard
- Criminal revision
- Deletion of accused name
- Sanction for prosecution
- Prevention of Corruption Act
- Code of Criminal Procedure
