HARERAM SATPATHY versus TIKARAM AGARWALA AND 3 OTHERS

HARERAM SATPATHY versus TIKARAM AGARWALA AND 3 OTHERS

The Magistrate is empowered to issue process against additional accused named in the complaint even when the police submit a final report finding no offence; once Magistrate finds prima facie case, High Court's revisional jurisdiction is very limited and it cannot enter into merits or quash the order merely based on detailed scrutiny of evidence.

Parties
Appellant: Hareram Satpathy; Respondent: Tikaram Agarwala; Respondent: Other Respondents (Nos. 1-3)
Jurisdiction
India
Judgment Date
24 August 1978
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Revision Order of High Court
Outcome
Appeal allowed; judgment and order of High Court set aside.
Legal Topics
Cognizance by Magistrate, Revision Powers of High Court, Issuance of Process, Committal and Discharge Under Section 227 Cr PC
Criminal Law Cognizance by Magistrate Revision Powers of High Court Issuance of Process Committal and Discharge Under Section 227 Cr PC

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Parties

Hareram Satpathy

Appellant

Tikaram Agarwala

Respondent

Other Respondents (Nos. 1-3)

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Revision Order of High Court

Legal Issues

  1. 1 Whether Magistrate can add accused and issue process after police submit a final report finding no offence against them
  2. 2 Whether High Court may interfere with Magistrate's order issuing process against respondents in its revisional jurisdiction

Ratio Decidendi

The Magistrate is empowered to issue process against additional accused named in the complaint even when the police submit a final report finding no offence; once Magistrate finds prima facie case, High Court's revisional jurisdiction is very limited and it cannot enter into merits or quash the order merely based on detailed scrutiny of evidence.

Court Disposition

Appeal allowed; judgment and order of High Court set aside.

Orders

  • Judgment and order of the High Court set aside.
  • Respondents at liberty to seek discharge under Section 227 CrPC upon committal.