Case Note & Summary
The petitioners, Gajanfarkha s/o Roshankha Pathan and Nadekha s/o Roshankha Pathan, filed a Criminal Writ Petition before the Bombay High Court, Nagpur Bench, seeking directions for expeditious disposal of Summary Criminal Case No.1653 of 2007 pending against them in the Court of Judicial Magistrate (F.C.), Deulgaon (Raja), District Buldana. The case was instituted under the penal provisions of the Bombay MoneyLenders Act, 1946, and had been pending since 2007. The petitioners' counsel, Mr. Anil J. Thakkar, made a limited grievance that the case was pending for over eight years and that the plea of the petitioners had already been recorded by the Magistrate in 2009, thus no further charge framing was required. He submitted that the petitioners would be satisfied if a direction was given to the Magistrate to decide the case expeditiously. The learned Additional Public Prosecutor, Mrs. S.S. Jachak, had no objection to such a direction. The court, comprising Justices A.B. Chaudhari and P.N. Deshmukh, observed that there was no need to exercise extraordinary writ jurisdiction as claimed by the petitioners' counsel, since there was a substantive provision under Section 483 of the Code of Criminal Procedure, 1973 (CrPC), which imposes a duty on the High Court to exercise continuous superintendence over Courts of Judicial Magistrates to ensure expeditious and proper disposal of cases. The court quoted Section 483 CrPC and, in exercise of that power, directed the learned Judicial Magistrate (F.C.), Deulgaon (Raja) to decide the Summary Criminal Case as expeditiously as possible and in any case within a period of six months from the date of receipt of the Writ of this Court. The petitioners were directed to collect the Writ by Hamdast and deliver it to the Magistrate's court. The court allowed the petition in part, making the rule absolute in terms of prayer Clause (3) of the petition (which presumably sought expeditious disposal), while discharging the rule in relation to prayer Clauses (1) and (2). The judgment was delivered on 27th April 2015.
Headnote
A) Criminal Procedure - Expeditious Disposal - Section 483 Code of Criminal Procedure, 1973 - Superintendence Power - Petitioners sought direction for early disposal of Summary Criminal Case No.1653 of 2007 pending since 2007 under Bombay MoneyLenders Act, 1946 - Court held that instead of extraordinary writ jurisdiction, power under Section 483 CrPC should be exercised to direct the Magistrate to decide the case expeditiously within six months - Held that Section 483 imposes duty on High Court to ensure expeditious and proper disposal of cases by subordinate magistrates (Paras 2-4).
Issue of Consideration
Whether the High Court should direct expeditious disposal of a summary criminal case pending since 2007 under the Bombay MoneyLenders Act, 1946, where plea was already recorded in 2009.
Final Decision
Criminal Writ Petition No.308 of 2015 is allowed. Rule is made absolute in terms of prayer Clause (3) of the Petition. Rule in relation to prayer Clauses (1) and (2) stands discharged. The learned Judicial Magistrate (F.C.), Deulgaon (Raja) is directed to decide the Summary Criminal Case as expeditiously as possible and in any case within a period of six months from the date of receipt of the Writ of this Court. Petitioners to collect Writ by Hamdast and deliver to the Magistrate's court.
Law Points
- Section 483 CrPC
- expeditious disposal
- summary criminal case
- Bombay MoneyLenders Act
- 1946
- superintendence power
