Case Note & Summary
The State of Karnataka, through the Basaveswarnagar Police Station, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challenging an order dated 15.12.2015 passed by the LVI Additional City Civil and Sessions Judge, Bangalore, in S.C. No. 94/2013. The impugned order disposed of the case against the respondent (accused No. 4) as closed. The respondent was charge-sheeted along with four others for offences punishable under Sections 399 and 402 of the Indian Penal Code, 1860. Three of the accused absconded, and their cases were split up. The trial proceeded against A-1 and A-5, who were acquitted on 15.6.2015. Subsequently, A-2 and A-3 were tried and acquitted on 16.2.2012. The case of the respondent, the sole remaining accused, was split up and a non-bailable warrant was issued, but he could not be traced. On 15.12.2015, after hearing the public prosecutor, the Sessions Court passed the impugned order closing the case. The High Court noted that the last paragraph of the order stated that in light of the acquittal of other accused, the case against the respondent was closed. The High Court held that such an order is not contemplated under the Code of Criminal Procedure; the court must either acquit or discharge the accused. The impugned order was set aside, and the matter was remitted to the Sessions Court to pass appropriate orders in accordance with law. The revision petition was allowed.
Headnote
A) Criminal Procedure - Closure of Case of Absconding Accused - Sections 397, 401 CrPC - The Sessions Court closed the case of an absconding accused without recording an order of acquittal or discharge, merely stating that the case is closed. The High Court held that such an order is not permissible under law; the court must either acquit or discharge the accused. The impugned order was set aside and the matter remitted for fresh consideration. (Paras 1-4) B) Criminal Law - Offences under Sections 399, 402 IPC - Preparation to Commit Dacoity - The respondent was charge-sheeted along with others for offences under Sections 399 and 402 IPC. Other accused were acquitted, but the respondent remained absconding. The High Court directed the Sessions Court to pass appropriate orders in accordance with law. (Paras 2-4)
Issue of Consideration
Whether the Sessions Court was justified in closing the case of an absconding accused without recording an order of acquittal or discharge under the Code of Criminal Procedure, 1973.
Final Decision
The High Court allowed the revision petition, set aside the impugned order dated 15.12.2015, and remitted the matter to the Sessions Court to pass appropriate orders in accordance with law.
Law Points
- Sessions Court cannot close case of absconding accused without recording acquittal or discharge
- Section 397 r/w 401 CrPC
- Sections 399
- 402 IPC
