TMI Blog1977 (10) TMI 111X X X X Extracts X X X X X X X X Extracts X X X X ..... g Shri A. R. Antulay, the then Law Minister of the Government of Maharashtra. The said statements were published in various newspapers. The State Government decided to prosecute the appellant for an offence under section 500 of the Indian Penal Code as it was of the view that the Law Minister was defamed in respect of his conduct in the discharge of his public functions. Sanction in accordance with section 199 (4) (a) of the 1973 Code was purported to have been accorded by the State Government. Thereupon the Public Prosecutor filed a complaint in the Court of the Sessions Judge, Greater Bombay. Cognizance of the offence alleged to have been committed by the appellant was taken by the Court of Sessions without the case being committed to it as permissible under sub-section (2) of section 199. Process was issued against the appellant upon the said complaint. The Chief Secretary to the Government of Maharashtra was examined on the 17th February, 1975 as a witness in the Sessions Court to prove the sanction order of the State Government. Thereafter on tile 24th February, 1975 Shri Madhu Limaye, the appellant, filed an application to dismiss the complaint on the ground that the Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the High Court was asked to quash the criminal proceeding either in exercise of its inherent power under section 482 of the 1973 Code corresponding to section 561A of' the Code of Criminal Procedure, 1898-hereinafter called the 1898 Code or the old Code, or under section 397(1) of the new Code corresponding to section 435 of the old Code. Two points were decided in Amar Nath's case in the following terms :- (1) While we fully agree with-the view taken by the learned Judge that where a revision to the High Court against the order of the Subordinate Judge is expressly barred under sub-s. (2) of s. 397 of the 1973 Code the inherent powers contained in s. 482 would not be available to defeat the bar contained in s. 397(2). (2 The impugned order of the Magistrate, however, was not an interlocutory order. For the reasons stated hereinafter we think that the statement of the law apropos point no. 1 is not quite accurate and needs some modulation. But we are-going to reaffirm the decision of the Court on the second point. Under section 435 of the 1898 Code the High Court had the power to call for and examine the record of any proceeding before any inferior Criminal Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the grounds that the Court had no jurisdiction to take cognizance and proceed with the trial, that the issuance of process was wholly illegal or void, or that no charge could be framed as no offence was made out on the allegations made or the evidence adduced in Court. In the background aforesaid we proceed to examine as to what is the correct position of law after the introduc- tion of a provision like sub section (2) of section 397 in, the 1973 Code. As pointed out in Amar Nath's case (supra) the purpose of putting a bar on the power of revision in relation to any interlocutory order passed in an appeal, inquiry, trial or other proceeding is to bring about expeditious disposal of the cases finally, More often than not, the revisional power of the High Court was resorted to in relation to inter- locutory orders delaying the final disposal of the proceedings. The Legislature in its wisdom decided to check this delay by introducing sub-section (2), in section 397. On the one hand, a bar has been put in the way of the High Court (as also of the Sessions Judge) for exercise of the revisional power in relation to any interlocutory order, on the other, the power has been conf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court cannot be exercised for stopping the criminal proceeding as early as possible, instead of harassing the accused upto the end ? The answer is obvious that the bar will not operate to prevent the abuse of the process of the Court and/or to secure, the ends of justice. The label of the petition filed by an aggrieved party is immaterial. The High Court can examine the matter in an appropriate case under its inherent powers. The present case undoubtedly falls for exercise of the power of the High Court in accordance with section 482 of the 1973 Code. even assuming. although not accepting, that invoking the revisional power of the High Court is impermissible. In R. P. Kapur v. The State of Punjab (1) Gajendragadkar J.. as he then was, delivering the judgment of this Court pointed out, if we may say so with respect, very succinctly the scope of the inherent power of the High Court for the purpose of quashing a criminal proceeding. Says the learned Judge at pages 392-93 :-- Ordinarily criminal proceedings instituted against an accused person must be tried under the provisions of the Code, and the High Court would be reluctant to interfere with the said proceedings at an interlo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld not embark upon an enquiry as to whether the evidence in question is reliable or not. That is the function of the trial magistrate, and ordinarily it would not be open to any party to invoke the High Court's inherent Jurisdiction and contend that on a reasonable appreciation of the evidence the accusation made against the accused would not be sustained. We think the law as stated above is not affected by section 397(2) of the new Code. It still holds good in accordance with '.section 482. Ordinarily and generally the expression 'interlocutory order' has been understood and taken to mean as a converse of the term 'final order'. In volume 22 of the third edition of Halsbury's Laws of England at page 742, however, it has been stated in para 1606 ....... a judgment or order may be final for one purpose and interlocutory for another, or final as to part and interlocutory as to part. The meaning of two words must therefore be considered separately in relation to the particular purpose for which it is required. In para 1607 it is said : In general a judgment or order which determines the principal matter in question is termed final . In pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stified If it were so it will render almost nugatory the revisional power of the Sessions Court or the High Court conferred on it by section 397(1). On such a 'strict interpretation,. (1)[1947] Federal Court Reports, 180. (2) [1891] 1 Q.B. 734. only those orders would be revisable which are orders passed on the final determination of the action but are not appealable under Chapter XXIX of the Code. This does not seem to be the intention of the Legislature when it retained the revisional power of the High Court in terms identical to the one in the, 1898 Code. In what cases then the High Court will examine the legality or the propriety of an order or the legality of any proceeding of an inferior Criminal court ? Is it circumscribed to examine only such proceeding which is brought for its examination after the final determination and wherein no appeal lies ? Such cases will be very few and far between. It has been pointed out repeatedly, vide, for example, The River Wear Commissioners v. William Adamson(1) and R. M. D. Chamarbaugwalla v. The Union of India ( 2) that although the word occurring in a particular statute are plain and unambiguous, they have to be interpreted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the ordinary way. Many a time a question (1) [1876-77] 2 A.C. 743. (3) [1933] 60 Indian Appeals, 76. (2) [1957] S.C.R. 930. arose in India as to what is the exact meaning of the phrase case decided occurring in section 1 1 5 of the Code of Civil Procedure. Some High Courts had taken the view that it meant the final order passed on final determination of the action. Many others had however, opined that even interlocutory orders were covered by the said term. This Court struck a mean and it did not approve of either of the two extreme lines. In Baldevdas v. Filmistan Distributors (India) Pvt. Ltd.(1) it has been pointed out : A case may be said to be decided, if the Court adjudicates for the purposes of the suit some right or obligation of the parties in controversy : We may give a clear example of an order in a civil case which may not be a final order within the meaning of Article 133 (1) of the Constitution, yet it will not be purely or simply of an interlocutory character. Suppose for example, a defendant raises the plea of jurisdiction of a particular Court to try the suit or the bar of limitation and succeeds, then the action is determined finally in that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shelat, J.The passage runs thus : As observed in Ramesh v. Patni-[1966] 3 S.C.R. 198 the finality of that order was not to be judged by correlating that order with the controversy in the complaint,viz. whether the appellant had committed the offence charged against him therein. The fact that that controversy still remained alive is irrelevant. The majority view is based upon the distinction pointed out in the above passage and concluding that it is a final order within the meaning of Article 134(1) (c). While Bachawat J., said at page 695 : It is merely a preliminary step in the prosecution and therefore an interlocutory orders. Even though there may be a scope for expressing different opinions apropos the nature of the order which was under consideration in Mohan Lars case, in our judgment, undoubtedly, an order directing the filing of a complaint after enquiry made under a provision of the 1973 Code, similar to section 476 of the 1898 Code will not be an interlocutory order within the meaning of 'section 397(2). The order will be clearly revisable by the High Court. We must, however, hasten to add that the majority decision in Mohan Lal's case treats such an or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on (2) of section 397 of the 1973 Code. Before we conclude we may point out an obvious, almost insurmountable, difficulty in the way of applying literally the test laid down in Kuppuswami Rao's case and in holding that an order of the kind under consideration being not a final order must necessarily be an interlocutory one. If a complaint is dismissed under section 203 or under section 204(4), or the Court holds the proceeding to be void or discharges the accused, a revision to the High Court at the instance of the complainant or the prosecutor would be competent, otherwise it will make section 398 of the new Code otiose. Does it stand to reason, then, that an accused will have no remedy to move the High Court in revision or invoke its inherent power for the quashing of the criminal proceeding initiated upon a complaint or otherwise and which is fit to be quashed on the face of it. The legislature left the power to order further inquiry intact in 'section 398. Is it not, then, in consonance with the sense of justice to leave intact the remedy of the accused to move the High Court for setting aside the order adversely made against him in similar circumstances and to quash ..... X X X X Extracts X X X X X X X X Extracts X X X X
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