Magistrate Must Notify Informant Or Victim When Investigation Report Finds No Grounds Against Some Accused: Kerala HC

The Court was hearing a Criminal Revision Case registered based on the directions of the trial Court.

The bench of Justice K. Babu observed, “…when the Investigating Officer submitted the report under Section 173(2) with the finding that there was no sufficient ground for entering on an investigation against some of the accused, the Magistrate ought to have issued notice to the informant /victim regarding the said finding.”

Advocate Sarin appeared for the Respondent.

In the present Criminal Revision Petition, the accused no. 1 challenged the Trial Court's dismissal of his discharge application. The accused faced charges under Sections 120B, 406, 420, 424, 465, 468, and 471 read with Section 34 of IPC. The Court dismissed the petition, noting the informant/victim was not notified under Section 157(2) CrPC when some accused were removed from the final report. Citing Supreme Court rulings in Bhagwant Singh v. Commissioner of Police and Anil Kumar v. Latha Mohan, the Court directed the Registration of the present Revision Petition.

The Court mentioned the decision in Bhagwant Singh v. Commissioner of Police and another [(1985 KHC 6100] where according to the Court the Supreme Court held, “in a case where the Magistrate to whom a report is forwarded under Section 173(2) decides not to take cognizance of the offence and to drop the proceedings or takes the view that there is no sufficient ground for proceeding against some of the persons mentioned in the FIR, the Magistrate must give notice to the informant and provide him an opportunity to be heard at the time of consideration of the report.”

The Court said there was no justification for depriving the informant of the opportunity to be heard at the time when the report was considered by the Magistrate.

Therefore, the Court allowed the Criminal Revision Case.