Acceptance of a charge does not prevent the magistrate from hearing about Himanshu Garg, a student at Maharashtra National Law University Aurangabad
KISHORE KUMAR GYANCHANDANI v. DG MEHROTRA AND ORS. (2011) 15 SCC 513
One person, GD Mehrotra (Defendant), is charged with rash and negligent driving on public roads under Sections 279 and 338 of India’s Criminal Code of 1860. Following an investigation, the police submitted a charge sheet / definitive form to the court. After submitting the final form, the complainant / complainant filed a protest motion as a complaint in court. In relation to this complaint, the Respondent filed a motion with the Hon’ble High Court for resolution of this complaint, which was filed after the final form was filed. High Court by the contested order, which overturned the decision to take note and grant the proceedings in the appeal proceedings. Now the complainant is appealing to the Hon’ble Supreme Court to challenge the High Court order under Section 202 of Cr. Pc
Whether the court can allow the complaint submitted by the complainant after submitting the final file in accordance with § 202 Cr.PC?
JUDGMENT WITH REASONS
- In the case in question, the main point of contention relates to the complaint made by the complainant after the police submitted the final form of the investigation.
- An experienced lawyer for the complainant / complainant referred to the case of Gopal Vijay Verma v Bhuneshwar Prasad Sinha and others. In this case, it was found that the adoption of the final form did not prevent the magistrate from taking further cognizance based on the materials presented in a complaint.
- After an investigation under Section 173 of the Cr.PC, the police filed a definitive form. If the magistrate accepts the final form submitted by the police, the complainant’s right to submit a periodic complaint will not be waived Complainants submitted materials that constitute a criminal offense.
- And Respondent’s learned attorney referred to the Abhinandan Jha case law and others against Bihar State and one other. In this case, the court found that once the final form was accepted, the magistrate was unable to instruct the investigating body to file a charge. Sheet. However, the magistrate has separate powers to order the investigative body to investigate further or to take cognizance on the basis of the materials submitted, although the police may have submitted the final form.
- On the basis of all of these arguments, the Hon’ble Supreme Court eventually allowed the applicant’s action under Section 202 of Cr. Pc