Case Note & Summary
The petitioner, Abdul Kareem, filed a petition under Section 482 CrPC seeking quashing of an order dated 24.07.2014 passed by the learned Sessions Judge, Yadgiri, in Spl. Case (SC/ST Act) No.46/2013, issuing a non-bailable warrant (NBW) against him and arraigning him as Accused No.5. The case originally involved 23 accused persons, but the charge sheet filed by Hunasagi Police implicated only 15 accused, with Accused No.5 shown as Abdul son of Rajsab, aged 32, doing centering work. Subsequently, the Deputy Superintendent of Police, Yadgiri, made an application on 24.07.2014 through the Public Prosecutor to substitute the name of the petitioner in place of Accused No.5 and to issue a warrant against him. The Sessions Judge allowed the application and issued NBW against the petitioner. The High Court examined the records and found that the police had not conducted any further investigation under Section 173(8) CrPC before seeking substitution. The court held that the police cannot substitute the name of an accused in the charge sheet without further investigation and without giving an opportunity of hearing to the person sought to be arraigned. The order of the Sessions Judge was set aside, and the petition was allowed. The court clarified that the police are at liberty to conduct further investigation in accordance with law if they have any material against the petitioner.
Headnote
A) Criminal Procedure Code - Inherent Powers - Quashing of NBW - Section 482 CrPC - The High Court quashed the order of the Sessions Judge issuing NBW against the petitioner as accused No.5, holding that the police cannot substitute the name of an accused in the charge sheet without conducting further investigation under Section 173(8) CrPC and without giving an opportunity of hearing to the person sought to be arraigned. (Paras 1-5) B) Criminal Procedure Code - Charge Sheet - Substitution of Accused - Section 173(8) CrPC - The court held that once a charge sheet is filed, the police cannot substitute the name of an accused without further investigation and without following due process. The order of the Sessions Judge permitting substitution and issuing NBW was set aside. (Paras 2-5)
Issue of Consideration
Whether the Sessions Judge could permit substitution of the name of accused No.5 in the charge sheet and issue NBW against the petitioner without any further investigation or notice to the petitioner.
Final Decision
The petition is allowed. The order dated 24.07.2014 passed by the learned Sessions Judge, Yadgiri, in Spl. Case No.46/2013 issuing NBW against the petitioner and arraigning him as Accused No.5 is quashed. The police are at liberty to conduct further investigation in accordance with law.
Law Points
- Section 482 CrPC
- inherent powers
- quashing of NBW
- substitution of accused
- charge sheet
- further investigation
- Section 173(8) CrPC
- SC/ST Act
