Court Highlights Limits of Revisional Court's Authority Under Cr.P.C. Section 398
In a significant ruling, the Rajasthan High Court's Jaipur Bench, presided over by Justice Anoop Kumar Dhand, quashed a directive by the Additional Sessions Judge in a dowry harassment case involving Ashok Kumar and others. The case, originally filed in 2007, involved allegations under Section 498A of the Indian Penal Code (IPC).
The case began when the complainant lodged an FIR in Sawaimadhopur, which led to an investigation by the police. The police concluded with a Final Report (Negative), which was accepted by the Chief Judicial Magistrate in 2011, rejecting the protest petition of the complainant.
Dissatisfied, the complainant moved to the Revisional Court, which quashed the Magistrate's acceptance of the Final Report and directed the Trial Court to take cognizance against the accused. However, Justice Dhand's ruling emphasized the limits of the Revisional Court's powers under Section 398 of the Criminal Procedure Code (Cr.P.C.), which allows only for the remittance of cases for further inquiry, not direct cognizance.
Justice Dhand referenced the case of Ramsingh v. State of Rajasthan (2002 SCC Online Raj 1138) to underline that the Revisional Court overstepped its jurisdiction. The ruling now remits the case back to the Chief Judicial Magistrate, Sawaimadhopur, for further inquiry into the protest petition and the Final Report, with instructions to expedite the process.
The High Court's decision underscores the procedural boundaries set by the Cr.P.C., ensuring that revisional authority is exercised within its statutory limits. The Court has directed that fresh orders be passed promptly, considering the case's extensive history.
Bottom line:-
Revisional Court does not possess jurisdiction under Section 398 Cr.P.C. to direct the Trial Court to take cognizance against the accused; it can only remit the matter for further inquiry or fresh orders.
Statutory provision(s):
- Section 398 Cr.P.C.
- Section 498A IPC
Ashok Kumar v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2946727
