Case Note & Summary
The petitioner, M. Rubin Britto, through his GPA holder, 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 issuing any notice to him, thereby violating the principles of natural justice. The respondents included the Inspector of Police, Kuduthini Police Station, Ballari, and private individuals (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 affording an opportunity of hearing to the complainant, which is a fundamental requirement of natural justice. Consequently, the High Court allowed the petition, quashed the impugned order, and directed the Sessions Judge to reconsider the miscellaneous petition afresh after providing an opportunity of hearing to all parties concerned.
Headnote
A) Criminal Procedure Code - Further Investigation - Section 173(8) Cr.P.C. - Natural Justice - The Sessions Judge allowed a miscellaneous petition under Section 173(8) Cr.P.C. directing further investigation without issuing notice to the complainant. The High Court held that such an order passed behind the back of the complainant violates principles of natural justice and is liable to be quashed. (Paras 2-4) B) Criminal Procedure Code - Quashing of Proceedings - Section 482 Cr.P.C. - Writ Jurisdiction - The High Court, exercising powers under Articles 226 and 227 of the Constitution read with Section 482 Cr.P.C., quashed the impugned order dated 04.09.2014 passed by the II Addl. District and Sessions Judge, Bellary in S.C.No.125/2012, as the order was passed without affording an opportunity of hearing to the petitioner/complainant. (Paras 2-4)
Issue of Consideration
Whether the order passed by the Sessions Judge under Section 173(8) Cr.P.C. directing further investigation without notice to the complainant is sustainable in law.
Final Decision
The High Court allowed the writ petition, quashed the impugned order dated 04.09.2014 passed by the II Addl. District and Sessions Judge, Bellary in S.C.No.125/2012, and directed the Sessions Judge to reconsider the miscellaneous petition afresh after providing an opportunity of hearing to all parties concerned.
Law Points
- Natural justice
- Right to be heard
- Further investigation under Section 173(8) Cr.P.C.
- Quashing of criminal proceedings
- Writ jurisdiction under Articles 226 and 227
