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2016 Supreme(Raj) 327
IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Charanjeet Kaur - Petitioner
Versus
State of Rajasthan and another – Respondents
S.B. Criminal Revision No. 212 of 2015
Decided On :13-01-2016
Advocate Appeared:
For the Petitioner:- Trilok Joshi, Advocate.
For the Respondent:- O.P. Rathi, P.P.
For the Respondent No. 2:- S.G. Ojha, Advocate.
Headnote:
Indian Penal Code , 1860 - Sections 366A, 376G and 342 - Negative Final Report submitted by Police - On going through order under challenge and record of proceedings of trial Court, it is evident that notice of Final Report was never served on complainant petitioner - As per law laid down by Honble Supreme Court in case Commissioner of Police & Anr. reported before passing any order on negative Final Report filed by Police, it is incumbent for Court to provide an opportunity of hearing to complainant – Held , In this background and as trial Court admittedly accepted negative Final Report without service of notices on complainant petitioner and without providing her any opportunity of hearing, impugned order cannot be sustained as being totally against settled principles of law - Petitioner shall allowed
Sandeep Mehta, J.
By way of this revision, the petitioner complainant has approached this Court being aggrieved of the order dated 13.10.2014 passed by the learned Sessions Judge (Special Court, POCSO Act Cases), Sriganganagar in FR Case No.8/2014 whereby, the learned Special Judge accepted the negative Final Report submitted by the Police pursuant to the investigation of the FIR No.440/2013 registered at the instance of the petitioner for the offences under Sections 366A, 376G and 342 IPC without providing any opportunity of hearing to the petitioner.
2. On going through the order under challenge and the record of proceedings of the trial Court, it is evident that the notice of the Final Report was never served on the complainant petitioner. As per the law laid down by the Hon'ble Supreme Court in the case of Bhagwant Singh v. Commissioner of Police & Anr. reported in AIR 1985 SC 1285 before passing any order on the negative Final Report filed by the Police, it is incumbent for the Court to provide an opportunity of hearing to the complainant.
3. In this background and as the trial Court admittedly accepted the negative Final Report without service of notices on the complainant petitioner and without providing her any opportunity of hearing, the impugned order cannot be sustained as being totally against the settled principles of law.
4. The revision thus deserves to be and is hereby allowed. The order dated 13.10.2014 is set aside. The petitioner shall appear before the trial Court on or before 29.2.2016 where after, the trial Court shall provide her an opportunity of hearing and pass a fresh order in the matter as per law. Record be sent back forthwith.
