1987 Supreme(Raj) 904

RAJASTHAN HIGH COURT
N.C.Sharma, J.
Mohan Singh - Appellant
Versus
State and Ors. - Respondent
S.B. Cr. Misc. Pet. No. 389 of 1985.
Decided On : 23-11-1987

The key legal principle established was the interpretation of Section 317 Cr. P.C. and the specific application of Sub-Section (2) in cases where the personal attendance of the accused had been dispensed with by the Magistrate.

Headnote:

Section 317 - Interpretation of Section 317 Cr. P.C. - The court held that Sub-Section (2) of Section 317 Cr. P.C. would only apply in a case where the personal attendance of the accused had been dispensed with by the Magistrate either on the application of the accused or because the accused persistently disturbed the proceedings in Court. The words 'if the accused in any such case' are important in sub-section (2), and it cannot apply to a case where an accused had not even been served.

Fact of the Case:

The court found that the impugned orders were based on an incorrect interpretation of Section 317(2) Cr. P.C., and allowed the application under section 482 Cr. P.C. to set aside the order of the Addl. Sessions Judge and direct the Addl. Chief Judicial Magistrate to proceed with the trial against all the accused persons.

Finding of the Court:

The court found that the impugned orders were based on an incorrect interpretation of Section 317(2) Cr. P.C. and allowed the application under section 482 Cr. P.C. to set aside the order of the Addl. Sessions Judge and direct the Addl. Chief Judicial Magistrate to proceed with the trial against all the accused persons.

Issues: The main issue was the interpretation of Section 317 Cr. P.C. and whether it applied to the case at hand where the accused had not been served.

Ratio Decidendi: The key legal principle established was that Sub-Section (2) of Section 317 Cr. P.C. would only apply in specific cases where the personal attendance of the accused had been dispensed with by the Magistrate, and it cannot apply to a case where an accused had not even been served.

Final Decision: The application under section 482 Cr. P.C. was allowed, and the order of the Addl. Sessions Judge was set aside, directing the Addl. Chief Judicial Magistrate to proceed with the trial against all the accused persons.