Case Note & Summary
The appeal arose from a judgment dated 20 December 2021 of the High Court of Karnataka, which dismissed the appellant's criminal revision petition on the grounds of maintainability. The dispute originated from a violent altercation on 25 December 2016 in Thoppanahalli village, Karnataka, leading to the murder of two individuals and injuries to several others, including the appellant. A First Information Report was registered on 26 December 2016, and a charge-sheet was filed after investigation. During the trial, the appellant's statement was not marked as an exhibit due to objections raised by the defense, leading to the trial court's refusal to admit it based on the testimony of a medical witness. The High Court upheld this decision, stating that the appellant, as a de-facto complainant, lacked the locus standi to file a revision petition. The Supreme Court found that the trial court's order was not merely interlocutory and that the appellant had a legitimate interest in the case. The court emphasized that the statement of the appellant was crucial for the prosecution and should have been marked as an exhibit. The Supreme Court allowed the appeal, set aside the trial court's order, and directed that the trial be concluded by 31 March 2023.
Headnote
A) Criminal Procedure - Revision Petition Maintainability - Locus Standi of Informant - Code of Criminal Procedure, 1973, Sections 397, 401 - The High Court's dismissal of the revision petition on maintainability grounds was incorrect as the appellant had a legitimate interest in the proceedings. The court held that the order of the trial court was not interlocutory and thus the revision was maintainable (Paras 15-16).
Issue of Consideration
Whether the appellant, as the informant, had the locus standi to file a revision petition against the trial court's order declining to mark his statement as an exhibit.
Final Decision
The Supreme Court allowed the appeal, set aside the trial court's order dated 3 October 2019, and the High Court's judgment dated 20 December 2021. The trial court was directed to allow the Public Prosecutor's plea to mark the appellant's statement as an exhibit and to conclude the trial by 31 March 2023.
Law Points
- Maintainability of revision petitions
- Interlocutory orders
- Rights of informants
- Criminal Procedure Code
- 1973
- Section 397
- Section 401
