In a significant legal development, the Supreme Court of India made a pivotal decision in the Criminal Appeal of 2023, overturning a ruling by the High Court of Judicature at Madras at Madurai. The appeal, stemming from the Special Leave Petition of 2023, involved S. Mujibar Rahman as the appellant, with the State represented by the Inspector of Police and another party as respondents.
At the heart of the matter was a First Information Report (FIR) implicating 31 individuals in various offenses, including Sections 395, 397, 212, 120B, and Section 3 of the Tamil Nadu Public Property Damages Act. Following arguments from both the appellant's counsel and the State's senior counsel, the Supreme Court granted leave on November 21, 2023, reversing the High Court's decision from February 23, 2021. The order, delivered by Justice Abhay S. Oka and Justice Pankaj Mithal, reinstated the Judicial Magistrate's ruling dated June 16, 2019.
The Supreme Court emphasized the High Court's failure to adequately consider the reasons documented by the Judicial Magistrate in the order dated July 16, 2019. Notably, the court pointed out that the Magistrate had authorized additional investigation on February 13, 2019—an aspect overlooked by the High Court. The court explicitly stated, "The High Court has not even considered the reasons recorded by the learned Magistrate… The second factor, which is more important, is the order of further investigation passed on 13th February 2019. Therefore, this was not the stage at which the High Court could have permitted splitting of the case."
This Supreme Court decision underscores the importance of giving due consideration to lower court orders and highlights the crucial role of orders for further investigation in shaping legal proceedings. It also emphasizes the critical role of timing in judicial decisions.
In a related matter, the Supreme Court addressed a companion petition, SLP(Criminal) No. 7378 of 2023, focusing on the nature and quality of the investigation. The court granted the State one month to submit a comprehensive affidavit detailing the steps taken during further investigation. Expressing dissatisfaction with the investigation's progress over 4½ years, the court stressed the importance of a thorough affidavit supported by necessary documents.
The case is scheduled for further consideration on January 9, 2024, marking a continued legal saga with broader implications for the judicial system's handling of investigations and subsequent proceedings.
CASE: S. MUJIBAR RAHMAN Vs THE STATE REP. BY INSPECTOR OF POLICE & ANR,
CRIMINAL APPEAL NO.3563 OF 2023 (Arising out of S.L.P.(Crl.) No. 3663 of 2023).
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