Current Affairs

Source: Kerala High Court

Why in News?

Recently, the Kerala High Court in the matter of Fazid & Ors. v. XXXX & Ors. has held that the Courts must state reasons for passing orders and an order without recording reasons in the form of cryptic and non-speaking stature would not sustain under the law.

What was the Background of Fazid & Ors. v. XXXX & Ors. Case?

• In this case the criminal revision petition has been filed under Section 397 r/w Section 401 of the Criminal Procedure Code, 1973 (CrPC).
• The revision petitioners are the accused Nos.1 to 4 on the files of the Judicial First-Class Magistrate Court where the prosecution alleges commission of the offences punishable under the provisions of the Indian Penal Code, 1860 (IPC).
• The petitioners had earlier filed a plea seeking their discharge from the case before a magistrate court. After the trial court rejected their discharge plea, they moved the High Court for relief and questioned the correctness of the magistrate's order.
• The counsel for the petitioners submitted that dismissing a discharge order, it is essential that the court’s order must not be cryptic and must clearly lay out the reasons for such dismissal.
• A Criminal Revision Petition is found to be meritless, and it is dismissed accordingly by the High Court.

What were the Court’s Observations?

• Justice A Badharudeen observed that as far as the legal position regarding the essentials of an order of discharge is well settled. While passing an order of discharge by allowing the same or dismissing the same the Courts must have to state reasons for passing such orders and an order without recording reasons in the form of cryptic and non-speaking stature would not sustain under the law.

What are the Relevant Legal Provisions Involved in it?

Section 397 of CrPC

• This Section deals with the calling for records to exercise powers of revision. It states that—

(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself; to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement that he be released on bail or on his own bond pending the examination of the record.

Explanation. —All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 398.

(2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.

(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.

Section 401 of CrPC

• This Section deals with the High Court's powers of revision. It states that -

(1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307, and, when the Judges composing the Court of Revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 392.

(2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence.

(3) Nothing in this section shall be deemed to authorize a High Court to convert a finding of acquittal into one conviction.

(4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.

(5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of Justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.