Case Note & Summary
The appellant, Mathew Alexander, was the father of Nixon Abey Matthew, who died in a road accident on 01.01.2015. An FIR was registered against the appellant's son under Sections 279 and 304A IPC, but the son died in the same accident. The appellant complained about irregularities in the investigation, leading to a further investigation under Section 173(8) CrPC ordered by the JMFC, Paravur. A final report was submitted after further investigation. The respondent, Mohammed Shafi, who was a claimant in a related motor accident claim, filed a petition before the High Court to quash the final report. The High Court quashed the final report without issuing notice to the appellant, who was the complainant in the criminal case. The Supreme Court held that the appellant had a right to be heard before the quashing of the final report, as it was the result of a process initiated at his instance. The Court set aside the High Court's order and remitted the matter back to the High Court for fresh consideration after hearing the appellant. The appeal was allowed.
Headnote
A) Criminal Procedure Code - Quashing of Final Report - Right of Complainant to be Heard - Section 173(8) CrPC - The High Court quashed the final report submitted after further investigation without issuing notice to the complainant who had sought the further investigation. The Supreme Court held that the complainant has a right to be heard before such quashing, as the final report was the result of a process initiated at his instance. The matter was remitted back to the High Court for fresh consideration after hearing the complainant. (Paras 2-5) B) Criminal Procedure Code - Further Investigation - Final Report - Section 173(8) CrPC - The Supreme Court observed that the High Court ought not to have quashed the final report without affording an opportunity of hearing to the appellant/complainant, as the further investigation was ordered on his complaint. The order of the High Court was set aside and the matter was remanded for fresh disposal. (Paras 4-5)
Issue of Consideration
Whether the High Court could quash the final report submitted after further investigation under Section 173(8) CrPC without hearing the complainant who had sought the further investigation.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court order dated 31.03.2022, and remitted the matter back to the High Court for fresh consideration after hearing the appellant/complainant.
Law Points
- Right of complainant to be heard before quashing of final report
- Scope of Section 173(8) CrPC
- Maintainability of quashing petition without notice to complainant
