Case Note & Summary
The applicant, Volvo India Private Limited, filed a criminal application under Section 482 of the Criminal Procedure Code before the Bombay High Court, Nagpur Bench, challenging the order of issuance of process passed by the learned Judicial Magistrate First Class, Hingna, Nagpur on 14.10.2010 in Summary Criminal Case No.531/2010. The non-applicants were the State of Maharashtra and the Inspector of Legal Metrology Division. At the outset, the learned Additional Public Prosecutor for the State raised an issue of maintainability, arguing that the order was revisable and therefore the petition under Section 482 was not maintainable. The court noted that on 07.10.2015, it had kept the issue of maintainability open with a prima facie opinion that the order was revisable. However, the court also observed that on 08.03.2011, it had issued Rule and confirmed the ad interim relief. The court relied on the principle laid down by the Hon'ble Apex Court in L. Hirday Narain v. Income Tax Officer, Bareilly, AIR 1971 SC 33, wherein it was held that if a petition is entertained and heard on merits, it cannot be dismissed as not maintainable merely because a revision application could have been moved. Applying this principle, the court held that since the present petition had been admitted and heard on merits, the objection as to maintainability could not be sustained. The court then proceeded to consider the merits of the case. The judgment does not provide further details on the merits or the final decision on the challenge to the issuance of process, as the text appears to be incomplete. However, the court allowed the application on the issue of maintainability.
Headnote
A) Criminal Procedure Code - Maintainability of Petition under Section 482 - Alternate Remedy - Once a petition under Section 482 CrPC is admitted and heard on merits, it cannot be dismissed as not maintainable merely because a revision application could have been filed - The principle from L. Hirday Narain v. Income Tax Officer, AIR 1971 SC 33, applies - Held that the objection as to maintainability cannot be sustained after the petition has been entertained and heard on merits (Paras 3-5).
Issue of Consideration
Whether a petition under Section 482 of the Criminal Procedure Code challenging an order of issuance of process is maintainable when an alternate remedy of revision is available, after the petition has been admitted and heard on merits.
Final Decision
The court allowed the application on the issue of maintainability, holding that once a petition under Section 482 CrPC is admitted and heard on merits, it cannot be dismissed as not maintainable merely because a revision could have been filed. The court relied on the principle from L. Hirday Narain v. Income Tax Officer, AIR 1971 SC 33. The judgment does not provide the final decision on the merits of the challenge to the issuance of process as the text is incomplete.
Law Points
- Maintainability of petition under Section 482 CrPC after admission
- Alternate remedy not a bar after admission
- Principle from L. Hirday Narain v. Income Tax Officer
