Judicial authorities must exercise suo moto powers with caution and provide clear reasons for such actions to avoid unnecessary delays in legal proceedings.

ORAL JUDGMENT

(PER VINAY JOSHI, J.) :

Heard. Rule. Rule made returnable forthwith and with the consent of the learned Counsel appearing for the parties, the matter is taken up for final disposal.

2. In this Writ Petition we are confronted with an unusual situation, wherein the action of the learned Sessions Judge, Nagpur of suo moto taking cognizance of the order passed by the learned Judicial Magistrate First Class, Court No.4, Nagpur (Magistrate), has been called in question. The petitioner is one of the kin of deceased in the incident who has raised challenge to the action of Sessions Judge of suo moto invoking revisional jurisdiction vide impugned order dated 30.09.2024. The challenge is on the ground that there is neither propriety, nor cause for the learned Sessions Judge to invoke suo moto powers for examining the order of the Magistrate.

3. It necessitates us to make a brief reference of few facts which are necessary for the purpose of deciding this petition. The genesis of the entire episode is a ‘road accident’ which took place on 25.02.2024 around 1.30 to 1.45 a.m. at Ramjhula Bridge in which two innocents lost their lives. The police have registered Crime No.122/2024 initially for the offences punishable under Section 304- A, 279, 337, 338 of the Indian Penal Code and Section 184 of the Motor Vehicles Act. Later on the police have invoked Section 304 of the Indian Penal Code. The accused/respondent no.2 was initially arrested and released on bail for the offence punishable under Section 304-A of the Code. After invocation of Section 304, the respondent no.2 attempted to secure pre-arrest bail, however, failed upto this Court. By virtue of the order passed by this Court in Criminal Writ Petition No.441/2024 dated 30.08.2024, the investigation has been transferred to State CID.

4. The transferred investigating agency has applied for cancellation of bail and permission to rearrest. After hearing the parties, the learned Sessions Judge vide order dated 25.09.2024 has canceled the bail granted by the Judicial Magistrate as well as, permitted the investigating agency i.e. C.I.D. to arrest respondent no.2/accused.

5. Since the changed investigating agency has crossed all the barriers in arrest, immediately they have moved to the jurisdictional Magistrate seeking permission to arrest. As the accused is a lady and the investigating agency inclined to immediately arrest the accused after sunset and before sunrise, permission was sought. Record indicates that the said application was moved to the Magistrate on the very day i.e. 25.09.2024 at 10.11 p.m. The learned Magistrate having regard to the facts and the provisions of Section 46[4] of the Code of Criminal Procedure (Section 43[5] of the Bhartiya Nagrik Suraksha Sanhita, 2023), has permitted the investigating agency to arrest respondent no.2/accused during night hours with a rider that the arrest shall be made by a woman police officer by following due process of law.

6. It is informed that after passing of the said order in late hours of 25.09.2024, the Investigating Officer has effected arrest of respondent no.2/accused in the midnight. On the following day, the accused was produced before the Magistrate around 3.50 p.m. The Investigating Officer has sought police custody remand for 10 days, which was resisted by the accused. The learned Magistrate has rejected the prayer for police custody vide order dated 26.09.2024. The said order is challenged by State, which is subjudice before the Sessions Court.

7. In the wake of said position, the learned Sessions Judge suo moto invoked revisional powers in terms of Section 397[1] of the Code of Criminal Procedure to examine the order of Magistrate dated 25.09.2024. The Sessions Judge has directed to register revision in order to ascertain the correctness, legality and propriety of the order of the Magistrate dated 26.09.2024, by which the Magistrate has permitted the investigating agency to arrest the accused after sunset and before su