Case Note & Summary
The petitioner, Mohan Appa Ghongade, filed a criminal writ petition challenging the order dated 27.08.2005 passed by the Judicial Magistrate First Class, Aashti, issuing process against him for offences punishable under Section 323 read with Section 34 of the Indian Penal Code. The petitioner also challenged the order dated 31.08.2005 passed by the 2nd Adhoc Additional Sessions Judge, Beed, dismissing his revision petition. The complaint was filed by respondent No.2, Thaka Appa Ghongade, alleging that the petitioner and others caused hurt. The Magistrate directed the police to conduct an inquiry under Section 202 of the Code of Criminal Procedure, 1973. After the inquiry, the Magistrate issued process without properly applying judicial mind to the inquiry report. The petitioner argued that the inquiry under Section 202 CrPC was not properly conducted and that the Magistrate mechanically issued process. The High Court, after hearing the parties, found that the Magistrate had not conducted a proper inquiry as required under Section 202 CrPC. The court noted that the inquiry report was not properly considered and that the process was issued without application of mind. Consequently, the High Court quashed the order issuing process and remanded the matter back to the Magistrate for fresh consideration after conducting a proper inquiry under Section 202 CrPC. The court also set aside the revisional order.
Headnote
A) Criminal Procedure Code - Inquiry under Section 202 - Mandatory Inquiry - Section 202, Code of Criminal Procedure, 1973 - The Magistrate must conduct a proper inquiry under Section 202 CrPC before issuing process in a complaint case, especially when the accused resides beyond the territorial jurisdiction of the court. Failure to do so renders the process illegal. (Paras 1-3) B) Indian Penal Code - Offence under Section 323 - Issuance of Process - Section 323, Indian Penal Code, 1860 - The Magistrate must apply judicial mind to the complaint and inquiry report before issuing process. Issuing process mechanically without proper application of mind is unsustainable. (Paras 1-3)
Issue of Consideration
Whether the Magistrate can issue process under Section 323 IPC without conducting a proper inquiry under Section 202 CrPC, and whether the revisional court erred in dismissing the revision against such process.
Final Decision
The High Court allowed the writ petition, quashed the order issuing process dated 27.08.2005 and the revisional order dated 31.08.2005, and remanded the matter to the Magistrate for fresh consideration after conducting a proper inquiry under Section 202 CrPC.
Law Points
- Section 202 CrPC inquiry mandatory before issuing process in complaint cases
- Section 323 IPC requires proper application of mind
- Revision against process order maintainable
