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ROHIT B. DEO
Joseph B Braganza – Appellant
Versus
State Of Goa – Respondent
JUDGMENT
1. The Registry shall re-register the Petition as a Criminal Writ Petition.
2. Heard Ms Aldila Braganza - Petitioner 2 who is appearing in person and the learned Addl. Public Prosecutor Mr Nikhil Vaze. Rule. With the consent of the parties, the Petition is heard finally.
3. Ms Braganza would submit that the order dtd. 10/5/2023, rendered by the learned District Judge-1 and Addl. Sessions Judge cum Spl. Judge, N.D.P.S. Court in CRMA/124 and CRMA/125 of 2023 whereby a notice issued to the proposed accused, is contrary to the enunciation of law of the Constitution Bench of the Supreme Court in Iqbal Singh Marwah vs. Meenakshi Marwah - (2005) 4 SCC 370 which is referred to and relied upon by a relatively recent decision of the Supreme Court in The State of Punjab vs. Jasbir Singh in Criminal Appeal No. 335/2020 decided on September 15, 2022. Ms Braganza is well justified in the submission that the proposed accused has no right of hearing in the proceedings under Sec. 340 of the Criminal Procedure Code, 1973 (Cr.P.C.). The law appears to be well settled in view of the decisions of the Supreme Court, supra.
4. In this view of the matter, the orders impugned whereby the notice is iss
The main legal point established in the judgment is that the principles of audi alteram partem require affording an opportunity of hearing to the petitioner before passing orders on the Section 340 a....
The principles of natural justice require an opportunity for the accused to be heard before adverse orders are passed under Section 340 CrPC.
Administrative orders without notice and hearing violate natural justice and must be set aside.
The aggrieved party should approach the Judicial Magistrate under Section 156 Cr.P.C before filing a Writ Petition under Section 226 of the Constitution of India.
Confinement under Section 151 of the Criminal Procedure Code can be challenged through a Writ Petition if it is alleged to be illegal, arbitrary, and in violation of constitutional rights.
The main legal point established in the judgment is that the law does not provide for a suspect to have a pre-registration hearing before the registration of an FIR, and the court's decision was base....
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