Case Note & Summary
The case involves a criminal petition filed under Section 482 Cr.P.C. by the petitioner (accused No.1) against the respondent (complainant). The respondent had filed a private complaint under Section 200 Cr.P.C. alleging that during the subsistence of her marriage with the petitioner, he married another woman (accused No.2). The complaint was pending before the VI Additional Chief Metropolitan Magistrate, Bangalore. The petitioner filed an application under Section 246 Cr.P.C. seeking to set aside the order dated 17.9.2016 passed in C.C.No.14696/1991, which had allowed the complainant to lead further evidence after the accused had already tendered evidence. The core legal issue was whether a complainant is entitled to be examined afresh or permitted to lead further evidence after the accused's evidence in a private complaint proceeding. The Court analyzed Section 246 Cr.P.C. and held that the provision does not bar the complainant from leading further evidence after the accused's evidence. The Magistrate has discretion to permit such evidence if it is necessary for a just decision. The Court dismissed the petition, upholding the Magistrate's order allowing the complainant to lead further evidence.
Headnote
A) Criminal Procedure - Private Complaint - Complainant's Right to Lead Further Evidence - Section 246 Cr.P.C. - The question was whether a complainant can be examined afresh or lead further evidence after the accused has tendered evidence in a private complaint proceeding. The Court held that Section 246 Cr.P.C. does not bar the complainant from leading further evidence after the accused's evidence, and the Magistrate has discretion to permit such evidence in the interest of justice. (Paras 1-10)
B) Criminal Procedure - Section 246 Cr.P.C. - Interpretation - The Court interpreted Section 246 Cr.P.C. and held that the provision does not create a bar on the complainant's right to lead further evidence after the accused's evidence. The Magistrate can allow such evidence if it is necessary for a just decision. (Paras 5-10)
Issue of Consideration
Whether a complainant is entitled to be examined afresh or permitted to lead further evidence after evidence came to be tendered by the accused in a proceedings initiated on a private complaint?
Final Decision
The High Court dismissed the criminal petition, upholding the Magistrate's order dated 17.9.2016 allowing the complainant to lead further evidence after the accused's evidence. The Court held that Section 246 Cr.P.C. does not bar the complainant from leading further evidence, and the Magistrate has discretion to permit such evidence.
Law Points
- Section 246 Cr.P.C.
- private complaint
- complainant's right to lead evidence
- re-examination
- further evidence
- accused's evidence
- criminal procedure
Case Details
2018 LawText (KAR) (07) 3
Criminal Petition No.2635/2017
Sri. Raghavendra K (for petitioner), Smt. Maliakkal Perianchery Ansa (party-in-person for respondent)
Mrs. Maliakkal Perianchery Ansa
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Nature of Litigation
Criminal petition under Section 482 Cr.P.C. challenging an order passed by the Magistrate allowing the complainant to lead further evidence after the accused's evidence in a private complaint proceeding.
Remedy Sought
The petitioner (accused) sought to set aside the order dated 17.9.2016 passed in C.C.No.14696/1991 by the VI Additional Chief Metropolitan Magistrate, Bangalore, which allowed the complainant's application under Section 246 Cr.P.C. to lead further evidence.
Filing Reason
The petitioner challenged the Magistrate's order permitting the complainant to lead further evidence after the accused had already tendered evidence, arguing that Section 246 Cr.P.C. does not allow such re-examination.
Previous Decisions
The Magistrate had allowed the complainant's application under Section 246 Cr.P.C. to lead further evidence after the accused's evidence.
Issues
Whether a complainant is entitled to be examined afresh or permitted to lead further evidence after the accused's evidence in a private complaint proceeding under Section 246 Cr.P.C.?
Submissions/Arguments
The petitioner argued that Section 246 Cr.P.C. does not permit the complainant to lead further evidence after the accused's evidence.
The respondent (complainant) contended that the Magistrate has discretion to allow further evidence in the interest of justice.
Ratio Decidendi
Section 246 Cr.P.C. does not create a bar on the complainant's right to lead further evidence after the accused's evidence in a private complaint proceeding. The Magistrate has discretion to allow such evidence if it is necessary for a just decision.
Judgment Excerpts
A short, but an important question of law which arises for consideration in this petition is: 'Whether a complainant is entitled to be examined afresh or permitted to lead further evidence after evidence came to be tendered by the accused in a proceedings initiated on a private complaint?'
Section 246 Cr.P.C. does not bar the complainant from leading further evidence after the accused's evidence.
Procedural History
The respondent filed a private complaint under Section 200 Cr.P.C. before the jurisdictional Magistrate. The Magistrate issued process. After the accused tendered evidence, the complainant filed an application under Section 246 Cr.P.C. to lead further evidence. The Magistrate allowed the application on 17.9.2016. The petitioner challenged this order by filing Criminal Petition No.2635/2017 under Section 482 Cr.P.C. before the High Court.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 200, 246, 482
