Case Note & Summary
The petitioners, accused Nos.1 to 4 in Special C.C. No.75/2020 pending before the I Additional District and Sessions Judge, Chikkamagaluru, filed a writ petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging the order dated 03.04.2021 passed by the Deputy Commissioner, Chikkamagaluru (respondent No.3). By that order, the Deputy Commissioner appointed the 4th respondent, an advocate, as a Special Prosecutor under Rule 4(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (SC/ST Rules) to conduct the case on behalf of respondent No.2, the complainant. The petitioners contended that the order was passed without giving them any notice or opportunity of hearing, thereby violating the principles of natural justice. The court heard arguments from the learned counsel for the petitioners, the learned SPP and HCGP for respondent Nos.1 and 3, and respondent No.2. Respondent No.4 was served but remained unrepresented. The court observed that the impugned order was passed without notice to the accused, who are directly affected by the appointment of a Special Prosecutor. Relying on the principle that no order adverse to a party should be passed without affording a reasonable opportunity of being heard, the court held that the order was unsustainable in law. Consequently, the court allowed the writ petition, quashed the impugned order dated 03.04.2021, and directed the Deputy Commissioner to pass a fresh order after hearing all parties concerned, including the accused.
Headnote
A) Criminal Procedure - Appointment of Special Prosecutor - Natural Justice - Rule 4(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 - The Deputy Commissioner appointed a Special Prosecutor without notice to the accused, who are facing trial. The court held that such appointment without affording an opportunity of hearing to the accused violates principles of natural justice and is liable to be quashed. (Paras 1-5) B) Criminal Procedure - Quashing of Order - Section 482 of Code of Criminal Procedure, 1973 - The High Court, exercising inherent powers under Section 482 CrPC, quashed the impugned order dated 03.04.2021 passed by the Deputy Commissioner, Chikkamagaluru, appointing the 4th respondent as Special Prosecutor, as it was passed in violation of natural justice. (Paras 4-5)
Issue of Consideration
Whether the Deputy Commissioner's order appointing a Special Prosecutor under Rule 4(5) of the SC/ST Rules without hearing the accused is valid and sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 03.04.2021 passed by the Deputy Commissioner, Chikkamagaluru (respondent No.3) is quashed. The Deputy Commissioner is directed to pass a fresh order after hearing all parties concerned, including the accused.
Law Points
- Natural justice
- Right to be heard
- Appointment of Special Prosecutor
- Rule 4(5) of SC/ST Rules
- 1995
- Section 482 CrPC
