CHITTARANJAN MIRDHA versus DULAL GHOSH AND ANR.

CHITTARANJAN MIRDHA versus DULAL GHOSH AND ANR.

A Magistrate must issue notice to the informant and provide an opportunity of hearing at the time of consideration of the police report under s.173(2) of the Code of Criminal Procedure, particularly in situations where proceedings may be dropped or only some accused are proceeded against; this procedural safeguard is mandatory to prevent prejudice to the informant.

Parties
Appellant: Chittaranjan Mirdha; Respondent No.1: Dulal Ghosh; Respondent No.2: Respondent No.2
Jurisdiction
India
Judgment Date
08 May 2009
Procedural Posture
Criminal Appeal / Appeal Against Calcutta High Court Order Quashing Cognizance
Outcome
Appeal dismissed.
Legal Topics
Cognizance by Magistrate, Notice to Informant, Police Report Under S.173, Further Investigation, Procedural Safeguards
Criminal Law Criminal Procedure Cognizance by Magistrate Notice to Informant Police Report Under S.173 Further Investigation Procedural Safeguards

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Chittaranjan Mirdha

Appellant

Dulal Ghosh

Respondent No.1

Respondent No.2

Respondent No.2

Procedural Posture

Criminal Appeal / Appeal Against Calcutta High Court Order Quashing Cognizance

Legal Issues

  1. 1 Whether a Magistrate is required to issue notice to the informant at the stage of considering a police report under s.173(2) of the Code of Criminal Procedure, 1973
  2. 2 Whether the absence of notice prejudices the informant in cases where the Magistrate does not proceed against some or all accused

Ratio Decidendi

A Magistrate must issue notice to the informant and provide an opportunity of hearing at the time of consideration of the police report under s.173(2) of the Code of Criminal Procedure, particularly in situations where proceedings may be dropped or only some accused are proceeded against; this procedural safeguard is mandatory to prevent prejudice to the informant.

Court Disposition

Appeal dismissed.

Orders

  • High Court’s order stands; all procedural safeguards to be followed by Magistrate, including notice to informant and opportunity of hearing at time of consideration of police report.