Mono vs State of Uttar Pradesh and another
This appeal challenged a High Court order that summarily dismissed an application filed under Section 482 of the Code of Criminal Procedure, 1973, which sought to challenge a charge sheet in a criminal case involving charges under the Indian Penal Code, 1860 and the Dowry Prohibition Act, 1961. The core legal question was whether the High Court was justified in dismissing the application through a non-speaking, unreasoned order. The Supreme Court held that the High Court's order was legally deficient as it failed to set out the factual matrix of the case, failed to apply relevant legal principles to the grounds urged by the appellant, and failed to disclose any application of mind. Consequently, the Supreme Court set aside the impugned order and remanded the matter to the High Court for a fresh decision on merits. The key principle laid down is that a High Court, when exercising its jurisdiction, must provide a reasoned order that demonstrates an understanding of the facts and an application of mind to the legal issues raised by the parties.
- Is a High Court order dismissing an application under Section 482 of the Code of Criminal Procedure, 1973, legally sustainable if it fails to set out the factual matrix or provide reasons for the dismissal?
- Does a court have a duty to record findings on the grounds urged by an appellant when disposing of a criminal application?
- Section 482, Code of Criminal Procedure 1973
- Section 420, Indian Penal Code 1860
- Section 498A, Indian Penal Code 1860
- Section 323, Indian Penal Code 1860
- Section 376, Indian Penal Code 1860
- Section 506, Indian Penal Code 1860
- Section 3, Dowry Prohibition Act 1961
- Section 4, Dowry Prohibition Act 1961
ABHAY MANOHAR SAPRE, J. --- 1. Leave granted.
2. This appeal is filed against the final judgment and order dated 29.10.2018 passed by the High Court of Judicature at Allahabad in an Application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") bearing No, 33965 of 2018 whereby the 1 Single Judge of the High Court dismissed the application filed by the appellant herein.
3. Few facts need mention hereinbelow to appreciate the short controversy involved in this appeal.
4. By impugned order, the Single Judge dismissed the appellant's application filed under Section 482 of the Code wherein the challenge was to set aside the charge sheet dated 18.09.2015 and 22.09.2017 framed by the Additional Sessions Judge/Fast Track, Court No,3, Muzaffarnagar arising out of Sessions Trial No,798 of 2017, State vs. Monu under Sections 420, 498A, 323, 376, 506 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and Sections 3 and 4 of the Dowry Prohibition Act, 1961, Police StationMahila Thana, DistrictMuzaffarnagar.
5. The short question, which arises for consideration in this appeal, is whether the High 2 Court was justified in dismissing the appellant's application filed under Section 482 of the Code.
6. Heard learned counsel for the parties.
7. Having heard the learned counsel for, the parties and on perusal of the record of the case, we are constrained to set aside the impugned order and remand the case to the High Court for deciding the appellant's application, out of which this appeal arises, afresh on merits in accordance with law.
8. On perusal of the impugned order, we find that the Single Judge dismissed the application by passing the following order: "I have gone through the impugned order and I find that there is no illegality or perversity either in the eye of law. I do not find any good ground to interfere with the order impugned."
9. We are unable to know much less to appreciate even the factual matrix of the case after reading the impugned judgment.
10. In our view, the Single Judge ought to have first set out the brief facts of the case with a view to understand the factual matrix and then should have examined the challenge made to the proceedings in the light of the principles of law laid down by this Court on the question involved with a view to record the findings on the grounds urged by the appellant as to whether any case for interference therein is made out or not.
11. We find that the aforementioned exercise was not done by the. High Court while passing an unreasoned impugned order, which does not disclose any application of mind to the case.
12. We, therefore, find ourselves unable to concur with such casual disposal of the application by the High Court and feel inclined to set aside the impugned order and remand the case to the High Court (Single Judge) with a request to decide the application afresh on merits in accordance with law keeping in view the aforementioned observations.
13. Having formed an opinion to remand the case in the light of our reasoning mentioned above, we do not consider it proper to go into the merits of the case.
14. In view of the foregoing discussion, the appeal succeeds and is accordingly allowed. Impugned order is set aside. The case is remanded to the High Court for its decision on merits uninfluenced by any of our observations in this order. ..................J. [ABHAY MANOHAR SAPRE] .................J. [R. SUBHASH REDDY]