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Luckose Zachariah An... v. Joseph Joseph And Ot...
Structured Summary of Legal Opinion
Factual and Procedural Background
The opinion is delivered by P. Somarajan, J. A final report alleging offences under Sections 294B, 323, 324 read with Section 34 of the Indian Penal Code was submitted as against accused Nos. 1 to 3. At the instance of accused No. 2, further investigation was conducted following a petition before the District Police Chief and an order (Order No. 43(A)-93406/2016/A dated 06/02/2017) by the Dy. S.P., Crime Branch. An additional report (a referred charge) was filed. The learned Magistrate issued notice on the referred charge. A protest complaint in C.M.P. No. 155/2015 was submitted, which was dismissed for non-prosecution; subsequently the Magistrate dropped the proceedings by order dated 30/05/2018.
The order dropping the proceedings was challenged before the revisional court (Additional Sessions Judge II, Alappuzha). By the revisional court's impugned order dated 26/10/2019, the learned Sessions Judge set aside the Magistrate's order dropping the further proceedings and directed that the case be taken on file and proceeded with according to law. Accused Nos. 1 to 3 approached the High Court under Section 482 Cr.P.C. to quash the revisional court's order.
Legal Issues Presented
- Whether a report submitted under Section 173(8) Cr.P.C. has a separate legal identity from the final report under Section 173(2) Cr.P.C., or whether both reports must be read conjointly to ascertain if there are grounds to presume the accused committed the offence.
- Whether there is scope for filing a protest complaint against a referred report (under Section 173(2) or Section 173(8)) where one of the reports is a positive report.
- Whether the High Court should invoke its inherent powers under Section 482 Cr.P.C. to quash the revisional court's order setting aside the Magistrate's order and directing proceedings to continue.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Vinay Tyagi v. Irshad Ali @ Deepak (2012 KHC 4747) | The principle that a report filed under Section 173(8) Cr.P.C. has no separate entity apart from the final report under Section 173(2) Cr.P.C.; both reports must be read conjointly and their cumulative effect considered to determine whether grounds exist to presume that the accused committed the offence. | The court relied on this authority to hold that the supplementary/referred report and the original final report must be read together and cannot be appreciated independently. Applying that principle, the court concluded there was no scope to challenge a positive report by way of protest complaint against a referred report and therefore found no reason to exercise Section 482 Cr.P.C. to quash the revisional court's order. |
Court's Reasoning and Analysis
The court proceeded by analyzing the legal effect of reports submitted under Section 173(2) and Section 173(8) Cr.P.C.:
- The court stated that a report submitted under Section 173(8) Cr.P.C. (a report after further investigation) has no separate entity from the final report submitted under Section 173(2) Cr.P.C. Both reports must be read together — their cumulative effect determines whether there are grounds to presume the accused committed the offence.
- The court emphasized that neither report (the final report under Section 173(2) nor a supplementary/referred report under Section 173(8)) should be read or appreciated independently; instead the combined contents must be considered to ascertain the existence of grounds for proceeding.
- Applying that principle, the court held there is no scope for filing a protest complaint against a referred report (whether under Section 173(2) or Section 173(8)) when one of the reports is a positive report. Consequently, the dismissal for non-prosecution of the protest complaint has no legal impact on the earlier positive report already submitted.
- The court further explained that the scope for submitting a protest complaint would arise only in a situation where a referred charge was submitted under Section 173(2) Cr.P.C. in the absence of a supplementary report, or where both the final report and the supplementary report are referred charges (i.e., negative reports). Those circumstances are not present on the facts before the court.
- On these grounds, the court found no valid basis for invoking its inherent jurisdiction under Section 482 Cr.P.C. to quash the revisional court's order and therefore dismissed the petition.
Holding and Implications
CRL.M.C. DISMISSED
Holding: The court dismissed the criminal miscellaneous petition under Section 482 Cr.P.C. and held that there was no reason to exercise the inherent jurisdiction to quash the revisional court's order.
Implications: The direct effect is that the accused's petition under Section 482 Cr.P.C. failed and was dismissed. The opinion does not discuss broader implications or purport to lay down any new or novel precedent beyond applying the settled principle that reports under Sections 173(2) and 173(8) Cr.P.C. must be read conjointly.
P. Somarajan, J.:— After the submission of a final report alleging offence under Section 294 B, 323, 324 r/w Section 34 IPC as against accused No. 1 to 3, at the instance of the 2 accused, further investigation was conducted based on a petition submitted before the District Police Chief as per Order No. 43(A)-93406/2016/A dated 06/02/2017 by the Dy.S.P., Crime Branch and filed additional report, a referred charge for the said offence against the accused persons. Thereon, the learned Magistrate issued notice on the referred charge against which, a protest complaint in C.M.P. No. 155/2015 was submitted. The said protest complaint was dismissed for non-prosecution and finally, dropped the proceedings by order dated 30/05/2018. It was challenged before the revisional court (Addl. Sessions Judge II, Alappuzha) and by the impugned order, the learned Sessions Judge set aside the order of the learned Magistrate dropping the further proceedings and directed to take the case on file and to proceed in accordance with law by its order dated 26/10/2019. To quash the abovesaid order, the accused No. 1 to 3 came up under Section 482 Cr.P.C.
2. A report that can be filed under Section 173(8) Cr.P.C. has no separate entity apart from the final report submitted under Section 173(2) Cr.P.C. Both the reports have to be read conjointly so as to ascertain existence of grounds to presume that the accused has committed the offence. It cannot be read or appreciated independently, but its cumulative effect should be taken into account so as to determine whether there exists grounds to presume that the accused has committed the offence. The legal position is very much settled by the Apex Court in Vinay Tyagi v. Irshad Ali @ Deepak (2012 KHC 4747).
3. There is no scope for filing a protest complaint against a referred report either under Section 173(2) or under Section 173(8) when one of the reports is a positive one and as such, the protest complaint filed and its dismissal for non-prosecution has no legal impact on the positive report already submitted. The submission of a supplementary report, a referred charge (a negative report) under Section 173(8) Cr.P.C. as against the earlier positive report under Section 173(2) Cr.P.C. has to be treated conjointly so as to ascertain the existence of grounds to presume that the accused has committed the offence. The scope of submission of a protest complaint would arise only when a referred charge was submitted under Section 173(2) Cr.P.C. and in the absence of a supplementary report or when both the reports, i.e. the final report under Section 173(2) Cr.P.C. and supplementary report under Section 173(8) Cr.P.C. are referred charges (negative reports). Hence there is no reason for invoking the power under Section 482 Cr.P.C. Crl.M.C. fails, dismissed.
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