Mst. SEHAT KHATOON vs STATION HOUSE OFFICER, POLICE STATION, FAIZOO
This criminal miscellaneous application challenged an order passed by the Civil Judge and Judicial Magistrate, Khanpur, which disposed of a police report filed under Section 155 of the Code of Criminal Procedure 1898 by simply noting "file" without providing any reasoning or affording a hearing to the affected party. The core legal question was whether a judicial order disposing of a police report requires the provision of reasons and an opportunity for a hearing. The High Court held that the impugned order was legally unsustainable as it was a non-speaking order, failing to comply with the statutory mandate requiring authorities to provide reasons for their decisions. Relying on Section 24-A of the General Clauses Act 1897, the Court established the principle that any authority or judicial officer exercising powers under an enactment must provide reasons for their orders and ensure that the affected parties are given a fair opportunity to be heard. Consequently, the Court set aside the impugned order and remanded the matter to the Magistrate to pass a fresh, reasoned order after hearing all concerned parties.
- Does a judicial order disposing of a police report require the provision of reasons?
- Is a judicial order that fails to provide reasons or a hearing to the affected party sustainable under the law?
- What is the scope of the duty to provide reasons for an order under Section 24-A of the General Clauses Act 1897?
- Section 155, Code of Criminal Procedure 1898
- Section 24-A(2), General Clauses Act 1897
ORDER
1. IRSHAD ALI SHAH, J.---It is stated by learned counsel for the applicant that in terms of order dated 08.03.2018, passed by learned 3rd Additional Sessions Judge/Ex-of ficio Justice of Peace, Shikarpur; the applicant appeared at P.P Faizu of Police- Station Khanpur , for making her statement. It was recorded accordingly and then a report whereof in terms of Section 155, Cr.P.C. was furnished by incharge ASI P.P Faizu of Police Station Khanpur before learned Civil Judge and Judicial Magistra te, Khanpur , for further action in accordance with law. On such report of the police, according to him, the learned Civil Judge and Judicial Magistrate, Khanpur , passed an order dated 12.03.2018, to the effect that "file". Such order according to learned counsel for the applicant is now impugned before this Court by way of instant CrI. Misc. Application, which according to him is to be set aside by this Court, as it is non-speaking and has been passed without hearing to anyone.
2. The learned A.P.G was fair enough to state that the impugned order is non-speaking.
3. I have considered the above arguments and perused the record.
4. Section 24-A of General Clauses Act relates to exercise of powers under enactment, Subsection (2) whereof reads as below; "(2) The authority , office or person making any order of issuing any direction under the powers conferred by or under any enactment shall, so far as necessary or appropriate, give reasons for making the order or, as the case may be, for issuing the direction and shall provide a copy of the order or, as the case may be, the direction to the person affected prejudicially".
5. The bare perusal of above provision of law reveals that, any authority , office or person making any order or issuing direction may give reason for making such order or direction. No reason is assigned by the learned Civil Judge and Judicial Magistrate, Khanpur , by ordering the report of the police to be "filed". In that situation, it could be concluded safely that the compliance of direction contained by Section 24-A(2) of General Clauses Act, has not been made with by learned Civil Judge and Judicial Magistrate, Khanpur , while passing the impugned order , same as Such could not be sustained, it is set-aside, with direction to learned Civil Judge and Judicial Magistrate, Khanpur , to pass the same afresh in detail, after providing chance of hearing to all the concerned.
6. The instant Crl. Misc. Application is disposed of accordingly .