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2001 DIGILAW 16 (GAU)

STATE OF MIZORAM v. M. ANAND

2001-01-29

B.B.DEB

body2001
JUDGEMENT Heard learned Public Prosecutor for the petitioner-State as well as Mr. George Raju, learned counsel for the respondent. 2. This petition under Art. 227 of the Constitution of India is directed against the order of discharge passed by the learned Magistrate, 1st Class, Aizwal in GR case No. 2308/99 under S. 8(1) of the Mizoram Liquor Total Prohibition Act (MLTP Act) solely on the ground of non-availability of the case record from the Bench section of that Court, since there is no provision of appeal provided under the Act against such type of order of discharge, the State preferred this petition. 3. On 22-2-2000 being the date fixed for hearing of the Criminal case bearing number G.R. 2308/99, the accused appeared but the case record was found missing. Waiting sometime, the learned Magistrate discharged the accused of the charge of having committed offence under S. 8(1) of the MLTP Act. After some time, on the said date, the record was found traceable and was placed before the learned Magistrate by the Bench Assistant, but unfortunately, the learned Magistrate declined to entertain the case purportedly on the ground of having been functus officio as he already discharged the accused and closed the case. The aforesaid factual aspect remains not disputed by the learned counsel for the accused-respondent. 4. Now, in this case, only the question posed to be answered is whether any Court or authority who passed an order of discharge due to non-availability of record can recall the aforesaid order. 5. In case an order of discharge was passed due to inadvertent happenings, or due to bona fide mistake, or due to accidental errors, whether the Court/authority is to recall the order or to allow the same to continue. None is infallible and the learned magistrate should have borne-in-mind that any order passed due to bona fide error, or accidental omission, or inadvertent happenings, the same should be recalled in order to promote the justice. Procedural law should be interpreted in such a manner to reach the goal of justice as the procedural law is nothing but a means to achieve the goal. To allow an accidentally passed wrong order to continue is nothing but the denial of justice. Having regard to the aforesaid principle of law while administering justice, the authority concerned should avoid the technicality of law in order to undo the injustice already caused. 6. To allow an accidentally passed wrong order to continue is nothing but the denial of justice. Having regard to the aforesaid principle of law while administering justice, the authority concerned should avoid the technicality of law in order to undo the injustice already caused. 6. Viewed above, the order of discharge dated 22-2-2000 passed in G.R. 2808/99 by the learned Magistrate, 1st Class, Aizawl is hereby quashed. Learned Magistrate is directed to re-admit the case, issue notice upon the accused and proceed with the case from the stage when the impugned order was passed. 7. With the aforesaid observations and directions, this writ petition is disposed of. No costs. Order accordingly.