Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s.397 and s.398 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | .Code of Criminal Procedure, 1973: s.397 and s.398; Revision – Scope of – Complaint alleging cheating, filed by appellant, dismissed by the magistrate for lack of evidence – On revision, Session judge concluded that the trial court did not appreciate the facts as well as the law in a proper manner and remanded the case – On remand, magistrate took cognizance of the offences and registered the complaint – Meanwhile, aggrieved by the remand order and order taking cognizance, respondent sought revision – High Court allowed the revision petition and quashed the complaint on the reason that the revisional court could not have taken cognizance as the same was in violation of s.398 – Legality of remand order passed by Sessions Court and the order of Magistrate taking cognizance thereafter challenged in the instant appeal – Held: High Court erred in concluding that the Sessions Court had itself taken cognizance of the matter – Sessions Court merely ordered remand for further enquiry – The observations made by the Sessions Court were only justification for a remand and the same did not amount to taking cognizance – High Court clearly misconstrued the Sessions Court order and proceeded on an erroneous footing – On the other hand, the revisional court was also in error to the extent of influencing the Magistrate Court to keep the findings of Sessions Court in mind, while considering the case on remand – The misconception created before the High Court was due to the fact that the remand order provided discretion for the trial court to conduct further enquiry and thereafter consider issuing process – The impugned order of the High court cannot be sustained in the eyes of law – As regards the legality of the order of the Magistrate taking cognizance of the matter, the Magistrate while taking cognizance has to satisfy himself about the satisfactory grounds to proceed with the complaint and at this stage the consideration should not be whether there is sufficient ground for conviction – At the stage of taking cognizance, the Magistrate is also not required to record elaborate reasons but the order should reflect independent application of mind by the Magistrate to the material placed before him – A perusal of the order of the Magistrate taking cognizance, show that the Magistrate observed that the Sessions court has already made out a prima facie case – Such finding is not sustainable as the revisional court only observed certain aspects in furtherance of remanding the matter – Trial court to consider the complaint afresh. . |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2018 INSC 191 |
Petitioner | Rajendra Rajoriya |
Respondent | Jagat Narain Thapak And Another |
SCR | [2018] 2 S.C.R. 499 |
Judgement Date | 2018-02-23 |
Case Number | 312 |
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