Case Note & Summary
The petitioner, Mrs. Jessie Mary Fernandes, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 07.06.2017 passed by the learned Sessions Judge, which remanded the matter for re-enquiry. The petitioner had originally filed a private complaint before the Magistrate, who after recording sworn statements and conducting an inquiry under Section 202 CrPC, took cognizance and issued process under Section 204 CrPC against the respondents. The respondents challenged this order before the Sessions Judge, who set aside the order and remanded the matter for re-enquiry. The High Court examined the legality of the remand order. The court noted that the Magistrate had followed the procedure under Section 202 CrPC and had sufficient material to issue process. The Sessions Judge's order was found to be without jurisdiction as it interfered with a valid order of cognizance. The High Court allowed the petition, set aside the remand order, and restored the Magistrate's order issuing process.
Headnote
A) Criminal Procedure Code - Private Complaint - Remand for Re-enquiry - Section 202, 204, 156(3) CrPC - The petitioner challenged the order of the Sessions Judge remanding the matter for re-enquiry after the Magistrate had taken cognizance and issued process. The High Court held that once cognizance is taken and process issued under Section 204 CrPC, the Magistrate cannot revert to pre-cognizance stage for re-enquiry. The order of remand was set aside. (Paras 1-10) B) Criminal Procedure Code - Jurisdiction of Magistrate - Section 202 CrPC - The court observed that the Magistrate's order issuing process under Section 204 CrPC was valid and the Sessions Judge erred in interfering with it. The High Court restored the Magistrate's order. (Paras 5-8)
Issue of Consideration
Whether the order of remand for re-enquiry passed by the learned Sessions Judge was legally sustainable when the Magistrate had already taken cognizance and issued process under Section 204 CrPC.
Final Decision
The High Court allowed the writ petition, set aside the order dated 07.06.2017 passed by the Sessions Judge, and restored the order of the Magistrate issuing process under Section 204 CrPC.
Law Points
- Jurisdiction of Magistrate
- Section 202 CrPC
- Remand for re-enquiry
- Private complaint procedure
