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FARJAND ALI
Niraj Goyal – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. By way of filing the instant criminal appeal, challenge has been made to the order dated 21.02.2023 passed by Special Judge, SC/ST Case and Additional District & Session Judge, Bikaner in Final Report CIS No.63/2020 (F.I.R. No.269/2015, Police Station JNVC, Bikaner) whereby the learned trial Court allowed the protest petition filed by the complainant-respondent, took cognizance of the offence and issued process against the petitioner for offence under Sections 3(1)(r), 3(1)(s) of the SC/ST Act.
2. Shri S.S. Ladrecha, learned counsel for the appellant submits that a false case has been foisted against the appellants with a view to spite and harass them. The matter was thoroughly investigated by the Police and thereafter, a negative final report got submitted in which several reasons were assigned by the Investigating Officer. However, learned Court below has not discussed the grounds on which negative final report was submitted. He further submits that it is well-nigh settled that when a negative final report is submitted and protest is made at the behest of the complainant, it is incumbent upon the Magistrate/ trial Judge to consider/discuss the grounds enumerated in the fin
The trial court must show disagreement with the conclusion of the Investigating Officer before taking cognizance of the offence.
Procedural integrity is crucial in cognizance of offenses after 'B' report rejection under IPC and SC/ST Act.
Judicial Magistrate's acceptance of a negative final report is valid unless there is a clear jurisdictional error or procedural defect.
Cognizance orders must be supported by clear reasoning when differing from the investigative officer's findings, or they risk being deemed nullities.
A Magistrate must provide clear reasons when disagreeing with a negative Final Report, and failing to do so renders the order unsustainable.
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