While leaving no stone unturned to ensure most strictly that the legal rights of the accused are always accorded the paramount importance they deserve and so also are most strictly protected and safeguarded from being trampled upon with impunity by anyone under any circumstances whatsoever, the Madurai Bench of the Madras High Court in a most learned, laudable, landmark, logical and latest judgment titled Sathish And Anandh Vs Food Safety Officer, Karur in Crl.O.P.(MD)No.10665 of 2023 and Crl.M.P.(MD)No.8484 of 2023 that was pronounced as recently as on 19.11.2024 has underscored the duty of the judicial magistrates to ensure that the guilty pleas by accused individuals are informed, voluntary and supported by adequate legal counsel. We need to note that this notable judgment arose from the case Crl.O.P.(MD)No.10665 of 2023 that had been filed by Sathish and Anandh which had underscored procedural lapses in accepting guilty pleas thus prompting the Court to set aside an earlier order that had been passed by the Judicial Magistrate Court No.1, Karur. We thus see in this leading case that the Madras High Court then finally set aside the Judicial Magistrate’s order dated April 18, 2023 which had rejected the petitioner’s application to withdraw their guilty plea.
We thus see that the Bench lambasted the lower court for failing to ascertain whether the petitioners were fully aware of the legal implications of their plea and whether they had been guided by legal counsel. It further underscored that a guilty plea made without such safeguards undermines the principles of fair trial and justice. It was thus in the fitness of things that the Madurai Bench set aside the Judicial Magistrate’s order dated April 18, 2023 which had rejected the petitioner’s application to withdraw their guilty plea. The Bench directed the Magistrate to allow the petitioners to contest the charges on their merits and proceed with the trial. The Bench further also instructed the Magistrate to conclude the proceedings in C.C.No.637 of 2022 within three months, ensuring compliance with procedural fairness and legal safeguards.
Before stating anything else and before even the judgment starts unfolding, the Bench as we see for ourselves specifies most specifically about the prayer made in the petition observing rightly that, “Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertain to the order passed in CMP.No.2912 of 2023 in C.C.No.637 of 2022 on file of Learned Judicial Magistrate Court No. I, Karur, dated 18.4.2023 and set aside the same as illegal.”
At the very outset, we need to note that this brief, brilliant, bold and balanced judgment authored by the Single Judge Bench of Madurai Bench of Madras High Court comprising of Hon’ble Mr Justice N Anand Venkatesh sets the ball in motion by first and foremost putting forth in para 1 that, “This petition has been filed challenging the proceedings of the learned Judicial Magistrate No.1, Karur, in CMP.No.2912 of 2023 in C.C.No.637 of 2022, dated 18.04.2023.”
To put things in perspective, the Bench envisages in para 3 while elaborating stating that, “The petitioners were facing a private complaint initiated by the respondent for offences under Sections 51, 52(i), 58, 59(i) of the Food Safety and Standards Act, 2006. The summons was issued to the petitioners and the petitioners were asked to be present before the Court below.”
While coming to the root of the matter, the Bench then lays bare in para 4 pointing out that, “The petitioners appeared before the learned Magistrate on 20.03.2023 and pleaded guilty. Based on the same, the Court below posted the case for passing final judgment. In the meantime, the petitioners realized that they have to contest this case and without knowing the consequence, they have pleaded guilty. Hence, they filed the petition on 10.04.2023 by expressing their intention to contest the case on merits.”
As it turned out, the Bench then enunciates in para 5 mentioning most succinctly that, “The Court below through the impugned proceedings dated 18.04.2023, dismissed the application and posted the matter for pronouncing judgment. Aggrieved by the same, the present petition was filed before this Court.”
Do note, the Bench notes in para 6 that, “When the matter came up for admission before this Court, this Court called for a report from the learned Judicial Magistrate No.1, Karur. On going through the report, this Court passed the following order on 15.11.2023:
“Let the entire records be called for from the learned Judicial Magistrate No. I, Karur, pertaining to the case in C.C.No.637 of 2022 pending on his file, to know whether the admission of guilty was voluntary or not, since it has been stated that no legal advise was given to the petitioner at the time of the above said proceedings.
2. The report received from the trial Court says nothing about the issue. It has been simply stated that on the first day of questioning, the accused admitted the guilt. It is also stated that when the matter was posted for pronouncing judgment, A1 and A2 remained absent. Hence, NBW was issued against them.
3. Let the petitioners appear before the concerned Court and get the warrant recalled.
4. Let the trial process be kept in abeyance.
5. List the matter on 17.12.2023.””
Most significantly, we need to note that the Bench encapsulates in para 7 what constitutes the cornerstone of this notable judgment wherein it is laid down most directly that, “In the considered view of this Court, it is not necessary for the learned Judicial Magistrate to straightaway act upon on the accused persons pleading guilty before the Court. The learned Magistrate must see if the accused persons understand the consequence and they have sufficient legal advice before they pleaded guilty. Where the punishment provided is quite serious, normally the Magistrates will not act upon the accused persons pleading guilty and will afford an opportunity to contest the case. Law on this issue is too well settled.”
It is worth noting that the Bench then notes in para 8 that, “The petitioners did not appear before the Court below and therefore Non-Bailable Warrant has been issued against the petitioners. Pursuant to the order passed by this Court on 15.11.2023, the petitioners appeared before the Court below and the NBW has also been recalled.”
It would also be worthwhile to mention that the Bench then directs in para 9 holding that, “Taking into consideration the facts and circumstances of the case and considering the fact that the petitioners on legal advice want to contest this case, the petitioners must be given an opportunity to contest the case on merits.”
Most remarkably and so also most sagaciously, it would be also instructive to note here that the Bench then mandates in para 10 directing most explicitly that, “In the result, the order passed by the learned Judicial Magistrate No. 1, Karur, in CMP.No.2912 of 2023 in C.C.No.637 of 2022, dated 18.04.2023, is hereby set aside. The Court below shall proceed further with the case by affording opportunity to the petitioners and deal with the case on its own merits and in accordance with law. The Court below shall complete the proceedings in C.C.No.637 of 2022 within a period of three months from the date of receipt of a copy of this order.”
Finally, we see that the Bench then finally concludes by holding in para 11 that, “This Criminal Original Petition is allowed with the above directions. Consequently, connected miscellaneous petition is closed.”
In essence, we definitely need to acknowledge here that the bottom-line of this notable judgment by the Single Judge of Madurai Bench of Madras High Court comprising of Hon’ble Mr Justice Anand N Venkatesh is that the Magistrates must always ensure that the guilty pleas are voluntary and well-advised by lawyers before they plead guilty. In this leading case, we can see clearly that the necessary safeguards were followed in breach and so it was but an inevitable fallout that the order passed by the learned Judicial Magistrate No. 1, Karur was thus very rightly set aside. No denying or disputing it!
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