Case Note & Summary
The Supreme Court allowed the appeal filed by the State of Madhya Pradesh against the order of the High Court which had granted the benefit of the Probation of Offenders Act, 1958 to the respondent, Man Singh, after the High Court had already disposed of the criminal revision petition. The respondent was convicted for offences under Sections 468, 471, and 419 IPC for using a forged transfer certificate to obtain employment as a Buffalo Attendant. The trial court and the first appellate court had refused probation, and the High Court in revision upheld the conviction but reduced the sentence to the period already undergone and enhanced the fine. Subsequently, the respondent filed a petition under Section 482 CrPC seeking probation, which the High Court allowed without obtaining a Probation Officer's report. The Supreme Court held that the High Court had no jurisdiction to entertain the Section 482 petition after it had become functus officio, as Section 362 CrPC bars review. The Court also noted that the grant of probation was illegal because no report from the Probation Officer was obtained as required under Section 4 of the Probation of Offenders Act. Additionally, the High Court's direction that the sentence would not affect the respondent's service career was beyond its authority, as the employer has the right to terminate services, especially when employment was obtained through fraud. The Supreme Court set aside the High Court's order and dismissed the respondent's petition.
Headnote
A) Criminal Procedure Code - Inherent Powers - Section 482 CrPC - Review - After disposing of a revision petition on merits, the High Court becomes functus officio and cannot entertain a petition under Section 482 CrPC to alter the sentence. Section 362 CrPC expressly bars review except for correction of clerical or arithmetical errors. The inherent power cannot be used to reopen or alter a final order. (Paras 4-6)
B) Probation of Offenders Act - Grant of Probation - Section 4 - Mandatory Report - Before releasing an offender on probation, the Court must obtain a report from the Probation Officer and consider it. The order granting probation without such report is illegal. (Paras 7-8)
C) Service Law - Effect of Probation - Retention in Service - Grant of benefit under the Probation of Offenders Act does not entitle an employee to claim a right to continue in service. The employer is not bound by observations of the criminal court and may terminate services, especially when employment was obtained by fraud. (Paras 9-10)
Issue of Consideration
Whether a Judge of the High Court can exercise powers under Section 482 CrPC to alter the sentence which has been passed by the High Court itself in a revision petition.
Final Decision
Appeal allowed; High Court order set aside; pending applications disposed of.
Law Points
- High Court has no power to review its own judgment under Section 482 CrPC after disposal on merits
- Section 362 CrPC bars review except for clerical errors
- Probation of Offenders Act requires prior report of Probation Officer under Section 4
- Grant of probation does not affect employer's right to terminate service
Case Details
2019 LawText (SC) (11) 81
Criminal Appeal No. 410 of 2011
Deepak Gupta, Aniruddha Bose
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Nature of Litigation
Criminal appeal against High Court order granting probation under Section 482 CrPC after final disposal of revision.
Remedy Sought
State of Madhya Pradesh sought setting aside of the High Court order granting probation to the respondent.
Filing Reason
The High Court improperly entertained a Section 482 petition after becoming functus officio and granted probation without following statutory requirements.
Previous Decisions
Trial court convicted respondent under Sections 468, 471, 419 IPC and sentenced to one year RI and fine; Sessions Judge dismissed appeal; High Court in revision upheld conviction but reduced sentence to period already undergone and enhanced fine to Rs.10,000; thereafter High Court allowed Section 482 petition granting probation.
Issues
Whether the High Court can exercise inherent powers under Section 482 CrPC to alter a sentence after final disposal of a revision petition?
Whether the High Court can grant probation without obtaining a report from the Probation Officer as required under Section 4 of the Probation of Offenders Act?
Whether the High Court can direct that the sentence would not affect the service career of the convicted employee?
Submissions/Arguments
State argued that the High Court had no power to review its own order under Section 482 CrPC after becoming functus officio.
State argued that probation was granted without obtaining the mandatory Probation Officer's report.
State argued that the High Court's direction regarding service career was beyond its jurisdiction.
Ratio Decidendi
The High Court has no jurisdiction to review its own order under Section 482 CrPC after disposal on merits, as Section 362 CrPC bars review except for clerical errors. The inherent power cannot be used to reopen or alter a final order. Grant of probation under the Probation of Offenders Act requires prior report of the Probation Officer. The criminal court cannot direct the employer to retain the employee in service.
Judgment Excerpts
There is no power of review granted to the Courts under CrPC. As soon as the High Court had disposed of the original revision petition... it became functus officio and, as such, it could not have entertained the petition under Section 482 CrPC for altering the sentence.
The inherent power under Section 482 CrPC cannot be used by the High Court to reopen or alter an order disposing of a petition decided on merits.
Before passing an order of probation, it is essential to obtain the report of the Probation Officer concerned.
The release under probation does not entitle an employee to claim a right to continue in service.
Procedural History
Trial court convicted respondent; Sessions Judge dismissed appeal; High Court in criminal revision upheld conviction but reduced sentence to period already undergone and enhanced fine; thereafter respondent filed Section 482 petition for probation which was allowed by High Court; State appealed to Supreme Court.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 362, Section 482
- Indian Penal Code, 1860: Section 419, Section 468, Section 471
- Probation of Offenders Act, 1958: Section 4
