Case Note & Summary
The petitioner, M. Rubin Britto, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), seeking to quash an order dated 04.09.2014 passed by the II Additional District and Sessions Judge, Bellary. The impugned order was passed on a miscellaneous petition filed under Section 173(8) Cr.P.C. in Sessions Case No.125/2012, directing further investigation. The petitioner contended that the order was passed without giving him an opportunity of hearing, thereby violating the principles of natural justice. The respondents included the Inspector of Police, Kuduthini Police Station, Ballari, and private respondents Amalraj, Paul Raj, and Joice. The High Court heard arguments from the petitioner's counsel, the Government Pleader for respondent No.1, and counsel for respondents 2 to 4. The court observed that the Sessions Judge had allowed the application for further investigation without notice to the petitioner, who is the accused in the case. The court held that such an order, passed without affording an opportunity of hearing, cannot be sustained and is liable to be quashed. Consequently, the writ petition was allowed, and the impugned order was set aside. The court also directed that the Sessions Judge shall consider the application afresh after giving an opportunity of hearing to all the parties concerned.
Headnote
A) Criminal Procedure Code - Further Investigation - Section 173(8) Cr.P.C. - Natural Justice - Order directing further investigation passed without notice to the accused is violative of principles of natural justice - The Sessions Judge allowed the application for further investigation without affording an opportunity of hearing to the petitioner, who is the accused - Held that such an order cannot be sustained and is liable to be quashed (Paras 4-6).
Issue of Consideration
Whether the order passed by the Sessions Judge under Section 173(8) Cr.P.C. directing further investigation is sustainable when the petitioner was not given an opportunity of hearing.
Final Decision
The writ petition is allowed. The impugned order dated 04.09.2014 passed by the II Addl. District and Sessions Judge, Bellary on Misc.Petition under Section 173(8) Cr.P.C. in S.C.No.125/2012 is quashed. The Sessions Judge is directed to consider the application afresh after giving an opportunity of hearing to all the parties concerned.
Law Points
- Natural justice
- opportunity of hearing
- further investigation under Section 173(8) Cr.P.C.
- quashing of order without hearing accused
- writ jurisdiction under Articles 226 and 227
