Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 :s. 319 - Four accused - Application for summoning of appellant as accused rejected by trial Court and attained finalty - Conviction of 4 accused - After investigation, final report was submitted relating to appellant which was accepted-After two years, stranger filed revision against the order accepting final report - Sessions Judge allowed revision and directed CJM to hear the case - CJM ordered conviction of appellant - Revision thereagainst dismissed - Writ petition also dismissed - On appeal, held: The case raises the questions whether stranger could file a revision and if same is filed late by 2 years could it be entertained without condonation of delay Case remitted for deciding these questions - Revision. An FIR was lodged against unknown persons. The allegation was theft of five idols. The investigation was carried out but in the absence of definite clue, final report was submitted which was accepted by Magistrate. After about week, four persons were arrested. Police submitted supplementary final form against them. Final form was filed against the appellant. Magistrate convicted all the four accused persons. During trial, an application under s.319 G ยท- Cr.P.C. was filed by prosecution for summoning the appellant as an accused, which was dismissed. The same was not challenged before any higher Court but the investigation was kept alive, After investigation on 22.5.1999, final report was submitted so far as appellant was concerned. The same was accepted. After 2 years, respondent no.2 who was neither the complainant nor having any connection with the alleged offence, filed a revision petition before the Sessions Judge against the order dated 22.5.1999. By order dated 18.2.2002, revision p~tition was allowed and CJM was directed to hear the informant or APP, peruse case diary both original as well as supplementary and then pass . order in accordance with law. On 29.8.2002, CJM passed an order taking cognizance for offences punishaple under ss. 413 and 414 IPC and non-bailable warrant was issued so far as the appellant was concerned. Aggrieved appellant filed a revision petition before Sessions Judge which was dismissed. Questioning correctness of the orders, a writ petition was filed which was dismissed. In appeal to this court, appellant contended that before the order was passed by the Sessions Judge in revision, the appellant was not heard; that the revision petitioner had no locus standi to file the petition as he was not the informant; and the Sessions Judge did not decide about the question of maintainability of the revision petition at first instance. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 173 |
Petitioner | Ram Naresh Prasad |
Respondent | State Of Jharkhand & Ors. |
SCR | [2009] 2 S.C.R. 369 |
Judgement Date | 2009-02-12 |
Case Number | 290 |
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