Sub-Divisional Officer Expected To Pass Judicial Order Under Section 145 CrPC With Full Reasoning And Discussion: Patna High Court

While setting aside an order passed by Sub-Divisional Officer, Nakatiaganj, the Patna High Court held that an order passed by the authority under Section 145 CrPC is in the nature of a judicial order and not an administrative order.

The bench of Justice Dr. Anshuman observed,

"It transpires to this Court that passing such type of order is basically an administrative order. The officer i.e. Sub-Divisional Officer Nakatiaganj may be holding the executive post but at the time of deciding the proceeding under Section 145 of Cr.P.C. he is a quasi-judicial authority and supposed to pass a judicial order and not an administrative order. It is well established that judicial order is the order which is based upon the reasonings on the basis of materials on record and with full discussion which are absolutely lacking in this case."

The petitioner's counsel submitted that the case pertains to a dispute between the two parties, wherein they had submitted their pleadings and adduced evidence, with the first party presenting six and the second party presenting four pieces of evidence. However, it was argued, the trial court did not apply its mind and arrived at a perverse finding without any discussion of the oral witness statements.

On the other hand, the counsel for the opposite party argued that the court had gone through the entire record and only then reached a conclusion.

The court set aside the impugned order and remanded the matter back to the trial court for fresh consideration on the basis of pleadings and documents on record.

Case Title: Laxman Sah. and Ors vs. The State of Bihar and Ors

Counsel for Petitioner: Ms. Shally Kumari, Adv.

Counsel for State: Mr. Sri Dilip Kumar, APP.

For the O.P. No.2: Mr. Milind Kumar Mishra, Adv

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