In a significant development, the Supreme Court of India has stepped in to rectify the lack of reasoning in the High Court’s order concerning the dismissal of a petition filed under Section 482 of the Cr.P.C. The case, which involves the Chief Judicial Magistrate’s decision to summon the parties to face trial for various offences under the IPC, requires a fresh examination to uphold justice. Stay tuned for updates on the fresh decision in this crucial legal matter.
Facts
- The High Court dismissed the appellant’s petition filed under Section 482 of the Cr.P.C.
- The order affirmed the Chief Judicial Magistrate’s order summoning the appellant to face trial for various offences under the IPC.
- The main question is whether the High Court was justified in dismissing the appellant’s petition.
- Arguments were heard from the appellant’s senior counsel and the State’s counsel.
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Analysis
- The High Court’s order lacks reasons for dismissing the petition
- The impugned order has 13 paras, with the High Court not explaining why the petition is devoid of merit
- The case needs to be remanded to the High Court as the order lacks reasoning
- Paras 1 to 4 contain case facts, 5 and 6 contain lawyers’ submissions, 7 to 9 pertain to Trial Court details, 10 and 11 mention two Supreme Court decisions, and para 12 concludes by setting aside the order and remanding the case for a fresh decision
- The matter must go back to the High Court for deciding the petition afresh on merits in accordance with the law.
- The High Court’s approach of not providing reasons and discussion for the decision cannot be accepted.
- The court must assign reasons for allowing or rejecting a petition as it indicates the application of mind.
- Para 12 of the judgement only recorded the conclusion without providing reasoning.
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Decision
- The impugned order is set aside.
- The matter is remanded to the High Court for deciding the petition afresh on merits.
- The appeal is allowed, but no opinion is expressed on the merits of the case.
- The case is remanded to the High Court for fresh decision.
- Parties are granted liberty to mention the matter in the High Court for early hearing.
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Case Title: JITENDER KUMAR @JITENDER SINGH Vs. THE STATE OF BIHAR
Case Number: Crl.A. No.-000888-000888 / 2019
