Girraj Prasad Meena vs State Of Rajasthan & Ors

2. Facts and circumstances giving rise to this appeal are that:

3.1.2011, the court ordered the presence of the witnesses for recording their statements on 9.6.2011. However on the said date, the summons were issued to three witnesses, including the appellant for recording their evidence on 7.7.2011. But on the date so fixed, the trial could not proceed.

D. On 15.7.2011, both the accused-respondents appeared before the learned trial court and filed an application pleading guilty for the offences under Sections 323 and 343 IPC. The said application was entertained forthwith and the learned trial court concluded the trial on that day itself, without issuing notice to the appellant, convicting the respondents under Sections 323 and 343 IPC and imposing a fine of Rs.500/-, and further granting them the benefit of provisions of Sections 3 & 12 of the Act 1958. The learned Magistrate further held that the order passed in criminal case herein shall not have any adverse affect on the government service of the accused persons.

E. Aggrieved, the appellant challenged the said judgment and order dated 15.7.2011 before the High Court on various grounds including that the court below had committed an error in not taking into consideration the statement of the appellant under Section 164 Cr.P.C., wherein serious allegations had been made against the accused persons and others particularly that the appellant was kidnapped and illegally detained from 29.6.2009 to 4.7.2009; terrorising and threatening him that his hand and legs would be chopped of; abusing the complainant persistently. The case was disposed off hastily in one day without notice to the appellant. More so, the court below had no right to make the observation that the order of conviction would not adversely affect the services of the respondents-accused. F. The High Court dismissed the said application vide order dated 23.4.2012 on the ground that the appellant has not challenged the order taking cognizance nor any objection was raised when charges were read over to the accused and the respondents-accused had been convicted on their pleading guilty regarding the aforesaid offences. The High Court held that there was no obligation in law to hear the appellant or any other witness at this stage and the trial court was right in passing the impugned order.

9. On the said facts, we are of the considered opinion that the learned trial court proceeded not only in great haste, but adopted a procedure not known in law, and the judgment and order of the trial court therefore stands vitiated.

13. Thus, we are also of the considered opinion that the trial court had no competence to make any observation having civil consequences so far as the private respondents are concerned.

14. In view of the above, the appeal succeeds and is allowed. The judgment and order of the trial court dated 15.7.2011 as well as of the High Court dated 23.4.2012 are set aside. The matter is remitted to the trial court to be decided afresh in accordance with law. As the matter is very old, we request the trial court to conclude the trial afresh adopting the procedure as explained hereinabove expeditiously, preferably within a period of six months from the date of filing certified copy of the order before it.

Before parting with the case, we would clarify that we have expressed no opinion on the merits of the ensuing trial.