The Single Judge ought to have first set out the brief facts of the case with a view to understand the factual matrix and then examined the challenge made to the proceedings in the light of the principles of law laid down by this Court with a view to record the findings on the grounds urged by the appellant as to whether any interference therein is called for or not u/s 482 of the Code.
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ACTS: Section 482 of the Code of Criminal Procedure, 1973 and Sections 498A, 323, 376 of the Indian Penal Code, 1860 ,Sections 3 and 4 of the Dowry Prohibition Act, 1961
Omveer Singh Vs. State of Uttar Pradesh & ANR.
[Criminal Appeal No. 1541 of 2018 arising out of S.L.P. (CRL.) No. 9401 of 2018]
DATE: December 03, 2018
Abhay Manohar Sapre, J.
1. Leave granted.
2. This appeal is filed against the final judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) and order dated 13.09.2018 passed by the High Court of Judicature at Allahabad in an Application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) bearing No.36284 of 2017 whereby the Single Judge dismissed the application filed by the appellant herein.
3. Few facts need mention hereinbelow to appreciate the short controversy involved in this appeal.
4. By impugned order, the Single Judge dismissed the appellant’s application filed under Section 482 of the Code wherein the challenge was to quash the order dated 21/09/2017 as well as entire proceedings in Complaint Case No.2540 of 2017 (Mamta vs. Jagdish Prasad & Ors.) under Sections 498A, 323, 376 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 Police Station Mahila Thana, District Hathras pending in the Court of Chief Judicial Magistrate, Hathras.
5. The short question, which arises for consideration in this appeal, is whether the High Court was justified in dismissing the appellant’s application filed under Section 482 of the Code.
6. Heard Mr. Rakesh Taneja, learned counsel for the appellant and Mr. Chandra Shekhar, learned counsel for the respondents.
7. Having heard the learned counsel for the parties and on perusal of the record of the case we are inclined to set aside the impugned order and remand the case to the High Court for deciding the appellant’s application, out of which this appeal arises, afresh on meritsMerits Strict legal rights of the parties; a decision “on the merits” is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process. in accordance with law.
8. On perusal of the impugned order, we find that the Single Judge has quoted the principles of law laid down by this Court in several decisions relating to powers of the High Court on the issue of interference in cases filed under Section 482 of the Code from Para 2 to the concluding para but has not referred to the facts of the case to appreciate the controversy of the case.
9. We are, therefore, unable to know the factual matrix of the case after reading the impugned judgment except the legal principles laid down by this Court in several decisions.
10. In our view, the Single Judge ought to have first set out the brief facts of the case with a view to understand the factual matrix and then examined the challenge made to the proceedings in the light of the principles of law laid down by this Court with a view to record the findings on the grounds urged by the appellant as to whether any interference therein is called for or not.
11. We find that the aforementioned exercise was not done by the High Court while passing the impugned order.
12. We, therefore, find ourselves unable to concur with such disposal of the application by the High Court and feel inclined to set aside the impugned order and remand the case to the High Court (Single Judge) with a request to decide the application afresh on merits in accordance with law keeping in view the aforementioned observations.
13. Having formed an opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. to remand the case in the light of our reasoning mentioned above, we do not consider it proper to go into the merits of the case.
14. In view of the foregoing discussion, the appeal succeeds and is accordingly allowed. Impugned order is set aside. The case is remanded to the High Court for its decision on merits uninfluenced by any of our observations in this order.
J. [ABHAY MANOHAR SAPRE]
J. [INDU MALHOTRA]
New Delhi;
December 03, 2018