The High Court emphasized the necessity of reasoned orders as it set aside a Sessions Court's stay on a trial court directive for FIR registration.
In a significant development, the Delhi High Court has remanded a case for fresh adjudication, setting aside an earlier order by the Court of Sessions due to its lack of reasoning. Justice Girish Kathpalia presided over the case, involving petitioner Manisha Pande and respondent Abhijit Iyer Mitra, which centered on a contested order for the registration of a First Information Report (FIR).
The case originated when Manisha Pande filed an application under Section 156(3) of the Criminal Procedure Code, 1973, which was favorably received by the trial magistrate. The magistrate's order directed the registration of an FIR against Abhijit Iyer Mitra. However, this order was challenged in a criminal revision petition by Iyer Mitra at the Court of Sessions, which resulted in an immediate stay on the trial court's directive.
The petitioner, represented by Senior Advocate Ms. Nandita Rao, argued that the impugned order by the Sessions Court was unsustainable as it lacked any reasoning. The absence of a reasoned order prompted Pande to seek intervention from the Delhi High Court.
During the proceedings, counsel for the respondent, Senior Advocate Mr. Percivial Billimoria, conceded that the order in question could not be sustained due to its lack of reasoning. Both parties agreed to the High Court's suggestion to remand the matter back to the Sessions Court for passing a reasoned order.
Justice Kathpalia, in his judgment, emphasized the importance of reasoned orders, stating that decisions without proper reasoning undermine the judicial process. He directed that the matter be expedited, with both parties required to appear before the Court of Sessions on May 22, 2026, to ensure a swift resolution.
The High Court's decision underscores the judiciary's commitment to ensuring transparency and accountability in judicial orders, reinforcing the principle that orders affecting the rights of parties must be accompanied by clear reasoning.
Bottom Line:
The revisional court's order staying the trial court's directive for FIR registration was set aside for lack of reasoning, and the matter was remanded for fresh adjudication with a reasoned order.
Statutory provision(s): Section 156(3) of the Criminal Procedure Code, 1973
Manisha Pande v. Abhijit Iyer Mitra, (Delhi) : Law Finder Doc id # 2902940
