SANDEEP KUMAR
Radha Mohan Chauhan – Appellant
Versus
State of Bihar – Respondent
ORDER
Heard learned counsel for the appellants and the learned Special P.P. appearing on behalf of the State.
2. The present appeal has been filed against the order dated 12.12.2018 passed by the learned Additional Sessions Judge, Ist-cum-Special Judge, Gopalganj in Gopalganj S.C./S.T. P.S.Case No. 16 of 2018 arising out Tr. No. 97 of 2018 of Gopalganj (S.C./S.T.) P.S. Case No. 16 of 2018 whereby and whereunder the learned court below has taken cognizance against the appellants for the offences under Sections 341, 323, 354, 504 of the Indian Penal Code and Section 3(1)(r) (w) of S.C./S.T. Act.
3. The prosecution case in brief is as follows:—
4. On the basis of written statement of informant, the present F.I.R. has been lodged stating therein that on 11.05.2018 his villagers came at about 01:00 P.M. and demolished the house of the informant made of asbestos and took away some asbestos. When the mother of the informant made a protest, she was slapped. It is further alleged that when the informant came to his village and enquired about the matter with the accused persons consequently, the informant was also assaulted by fists and slaps and the accused persons threatened him to kill.
5. Lea
The Magistrate can independently apply his mind to the facts emerging from the investigation and take cognizance of the offence, not bound by the conclusions of the investigating officer.
The Magistrate is not required to record detailed reasons when issuing summons in response to a police report, provided there are sufficient grounds for proceeding.
(1) Merely because list of witnesses was not filed alongwith protest petition, it cannot be said that protest petition cannot be treated as a complaint.(2) Fair, just and proper investigation is esse....
The mandatory requirement of recording evidence under Section 200 and 202 Cr.P.C. before summoning the accused and the limited nature of the inquiry under Section 202.
The court upheld the validity of the FIR against the petitioner, emphasizing the obligation to report under the POCSO Act when aware of a minor's pregnancy.
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