Case Note & Summary
The petitioner, Laxmibai w/o Poonamchand Gangwe, filed a criminal writ petition challenging the order dated 25.06.2019 passed by the learned Sessions Judge, Aurangabad in Criminal Revision Application No.286 of 2017. The revisional court had allowed the application of respondent No.2 (original complainant) under Section 319 CrPC to add the petitioner as accused No.3 in Regular Criminal Case No.1149 of 2012. The background of the case is that respondent No.2 had filed a complaint against original accused No.1 Subhash Poonamchand Gangave and accused No.2 Sou. Suman w/o Subhash Gangave for offences under Sections 447, 448, 451, 453, 456, 34 of IPC, alleging that on 13.02.2012, the accused broke open the lock of premises. After recording evidence before charge, the complainant filed an application under Section 319 CrPC (Exh.48) seeking to implead the petitioner as accused No.3, claiming that police report revealed her involvement. The learned Judicial Magistrate, First Class, Court No.21, Aurangabad rejected the application on 09.08.2017. Aggrieved, the complainant filed a revision under Section 397 CrPC before the Sessions Court, which allowed the revision and permitted addition of the petitioner as accused No.3. The petitioner challenged this order on the ground that no notice or opportunity of hearing was given to her before the revisional court passed the order. The High Court examined the submissions and found that the revisional court had indeed not issued any notice to the petitioner, who was a proposed accused and would be directly affected by the order. The court held that the principles of natural justice require that a person likely to be prejudiced by an order must be heard before the order is passed. The impugned order was therefore illegal and bad in law. The High Court allowed the writ petition, quashed the revisional court's order, and restored the Magistrate's order dated 09.08.2017 rejecting the application under Section 319 CrPC. The court also directed that the trial court shall proceed with the case in accordance with law.
Headnote
A) Criminal Procedure Code - Section 319 CrPC - Addition of Accused - Natural Justice - Revisional court allowed application under Section 319 CrPC to add petitioner as accused without issuing notice or providing opportunity of hearing to the proposed accused - Held that such order violates principles of natural justice and is liable to be set aside (Paras 5-7). B) Criminal Procedure Code - Section 397 CrPC - Revision - Notice to Opposite Party - Revisional court while exercising powers under Section 397 CrPC must issue notice to persons likely to be affected by the order - Failure to do so renders the order illegal and unsustainable (Para 6).
Issue of Consideration
Whether the revisional court's order allowing addition of the petitioner as accused under Section 319 CrPC is sustainable when no notice or opportunity of hearing was given to the proposed accused.
Final Decision
The High Court allowed the writ petition, quashed the impugned order dated 25.06.2019 passed by the learned Sessions Judge, Aurangabad in Criminal Revision Application No.286 of 2017, and restored the order dated 09.08.2017 passed by the learned Judicial Magistrate, First Class, Court No.21, Aurangabad below Exh.48 in Regular Criminal Case No.1149 of 2012. The trial court was directed to proceed with the case in accordance with law.
Law Points
- Natural justice
- opportunity of hearing
- Section 319 CrPC
- revision without notice
- quashing of order
