Case Note & Summary
The Supreme Court considered an appeal against the High Court of Judicature at Patna's order dated 28.03.2019 in Criminal Miscellaneous No.5293 of 2019. The appellant, Jitender Kumar @ Jitender Singh, had filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging the order dated 09.04.2015 passed by the Chief Judicial Magistrate, Jamui, which summoned him to face trial in Session Trial No.280 of 2016 for offences under Sections 302, 325, 326, 331, 352 read with Section 34 of the Indian Penal Code, 1860 (IPC). The High Court dismissed the petition without assigning any reasons, merely stating that the petition was devoid of merit. The Supreme Court found that the impugned order contained only facts, submissions, and quotations from decisions, but lacked any discussion or reasoning for the dismissal. The Court emphasized the necessity of giving reasons in support of conclusions, as it indicates application of mind. Consequently, the Supreme Court allowed the appeal, set aside the High Court's order, and remanded the matter for fresh decision on merits in accordance with law, clarifying that it had not expressed any opinion on the merits of the case. The parties were granted liberty to mention the matter for early hearing.
Headnote
A) Criminal Procedure - Section 482 CrPC - Duty to Assign Reasons - High Court dismissed petition under Section 482 CrPC without any discussion or reasoning - Supreme Court held that it is obligatory for courts to assign reasons in support of conclusion as it indicates application of mind - Impugned order set aside and matter remanded for fresh decision on merits (Paras 7-12).
Issue of Consideration
Whether the High Court was right in dismissing the appellant's petition under Section 482 CrPC without assigning reasons.
Final Decision
Appeal allowed. Impugned order of High Court set aside. Matter remanded to High Court for deciding the petition afresh on merits in accordance with law. No opinion expressed on merits of the case. Parties granted liberty to mention for early hearing.
Law Points
- Duty of courts to assign reasons for decisions
- Necessity of reasoned order under Section 482 CrPC
