Case Note & Summary
The petitioners, accused nos.1 to 3 in S.C.No.239/2017 pending before the I Addl. Sessions Judge, Kalaburagi, for offences punishable under Sections 302, 201 read with 34 IPC, challenged the order dated 06.01.2021 passed by the Sessions Court under Section 311 Cr.PC. The case arose from Crime No.102/2017 registered by Narona Police on a complaint by Shivaraj S.Malipatil. After charge sheet, the accused were tried. The Sessions Judge completed recording evidence, heard arguments, and posted the matter for judgment. At that stage, the Sessions Judge suo motu passed the impugned order under Section 311 Cr.PC. The petitioners contended that once the case is posted for judgment, the court has no jurisdiction to invoke Section 311 Cr.PC. The High Court agreed, holding that the power under Section 311 Cr.PC cannot be exercised after the case is reserved for judgment. The impugned order was set aside, and the petition was allowed.
Headnote
A) Criminal Procedure Code - Section 311 Cr.PC - Power to summon witness - Jurisdiction - Once the case is posted for judgment, the court ceases to have jurisdiction to exercise power under Section 311 Cr.PC - The Sessions Court had concluded recording of evidence, heard arguments, and reserved the matter for judgment - The suo motu order summoning additional witnesses was without jurisdiction - Held that the impugned order is liable to be set aside (Paras 1-4)
Issue of Consideration
Whether the Sessions Court had jurisdiction to exercise power under Section 311 Cr.PC after the case was posted for judgment
Final Decision
The petition is allowed. The order dated 06.01.2021 passed by the I Addl. Sessions Judge, Kalaburagi, in S.C.No.239/2017 is set aside.
Law Points
- Section 311 Cr.PC cannot be invoked after case is posted for judgment
- jurisdiction ceases once arguments concluded and matter reserved for judgment
Case Details
2021 LawText (KAR) (02) 2
Sri Nandakishore Boob (for petitioners), Sri Sharanabasappa M.Patil (HCGP for respondent)
Dinesh, Chaya @ Kalpana, Lata
State through Narona Police Station
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Nature of Litigation
Criminal petition under Section 482 Cr.PC challenging order under Section 311 Cr.PC
Remedy Sought
Petitioners (accused) sought to set aside the order dated 06.01.2021 passed by the I Addl. Sessions Judge, Kalaburagi, in S.C.No.239/2017
Filing Reason
The Sessions Court passed an order under Section 311 Cr.PC after the case was posted for judgment, which the petitioners contended was without jurisdiction
Previous Decisions
The Sessions Court had completed recording evidence, heard arguments, and posted the matter for judgment before passing the impugned order
Issues
Whether the Sessions Court had jurisdiction to exercise power under Section 311 Cr.PC after the case was posted for judgment
Submissions/Arguments
Learned Counsel for petitioners submitted that since the case was already posted for judgment, the learned Sessions Judge had no jurisdiction to exercise power under Section 311 Cr.PC
Ratio Decidendi
Once the case is posted for judgment, the court ceases to have jurisdiction to exercise power under Section 311 Cr.PC. The power under Section 311 Cr.PC cannot be invoked after the arguments are concluded and the matter is reserved for judgment.
Judgment Excerpts
Petitioners who are accused nos.1 to 3 in S.C.No.239/2017... have challenged the order dated 06.01.2021 passed by the said Court exercising its power under Section 311 Cr.PC, principally on the ground that the learned Sessions Judge had no jurisdiction to exercise the power under Section 311 Cr.PC since the case was already posted for judgment.
Learned Counsel for the petitioners submits that since the case is already posted for judgment, the learned Sessions Judge had no jurisdiction to exercise the power under Section 311 Cr.PC.
Procedural History
Complaint filed by Shivaraj S.Malipatil led to registration of Crime No.102/2017 by Narona Police for offences under Sections 302, 201 IPC. Charge sheet filed against petitioners. Case committed to Sessions Court as S.C.No.239/2017. Evidence recorded, arguments heard, matter posted for judgment. On 06.01.2021, Sessions Court passed order under Section 311 Cr.PC suo motu. Petitioners challenged this order under Section 482 Cr.PC before High Court.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.PC): 311, 482
- Indian Penal Code, 1860 (IPC): 302, 201, 34
