DR. S.S. KHANNA versus CHIEF SECRETARY, PATNA & OTHERS

DR. S.S. KHANNA versus CHIEF SECRETARY, PATNA & OTHERS

The Court held that, irrespective of earlier refusal to issue process under Section 202 and confirmation in revision, a magistrate retains jurisdiction under Section 319 CrPC to summon a person upon fresh evidence during trial. Issue estoppel and autre fois acquit principles do not bar such action unless a trial has commenced or a verdict rendered. Section 202 inquiry does not constitute a trial nor a determination of guilt.

Parties
Appellant: DR. S.S. KHANNA; Respondents: CHIEF SECRETARY, PATNA & OTHERS; Complainant: Employees Association of National Institute of Foundry and Forge Technology, Ranchi (Complainant)
Jurisdiction
India
Judgment Date
12 April 1983
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave From Patna High Court Judgment Dated May 2, 1979 in Criminal Misc. No. 405 of 1979
Outcome
Appeal allowed
Legal Topics
Summoning of Accused Post Section 202 Inquiry, Application of Section 319 Cr PC, Issue Estoppel, Autre Fois Acquit, Section 202 and 203 Cr PC, Article 20(2) Constitution of India
Criminal Law Criminal Procedure Summoning of Accused Post Section 202 Inquiry Application of Section 319 Cr PC Issue Estoppel Autre Fois Acquit Section 202 and 203 Cr PC Article 20(2) Constitution of India

Case Brief

Summary, issues, holding and outcome

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Parties

DR. S.S. KHANNA

Appellant

CHIEF SECRETARY, PATNA & OTHERS

Respondents

Employees Association of National Institute of Foundry and Forge Technology, Ranchi (Complainant)

Complainant

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave From Patna High Court Judgment Dated May 2, 1979 in Criminal Misc. No. 405 of 1979

Legal Issues

  1. 1 Whether a person not proceeded against after Section 202 CrPC inquiry can later be summoned under Section 319 CrPC to stand trial for the same or connected offence
  2. 2 Applicability of principles of issue estoppel, autre fois acquit, and Article 20(2) of Constitution to such cases

Ratio Decidendi

The Court held that, irrespective of earlier refusal to issue process under Section 202 and confirmation in revision, a magistrate retains jurisdiction under Section 319 CrPC to summon a person upon fresh evidence during trial. Issue estoppel and autre fois acquit principles do not bar such action unless a trial has commenced or a verdict rendered. Section 202 inquiry does not constitute a trial nor a determination of guilt.

Court Disposition

Appeal allowed

Orders

  • Orders of the High Court and Magistrate set aside
  • Application under Section 319 CrPC filed by second respondent dismissed