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ASHOK KUMAR JAIN
Rajendra Kasana – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Mr. Ashok Kumar Jain, J. - The instant appeal under Section 14A(1) of SC/ST (POA) Act (hereinafter referred as "Act of 1989") aggrieved from an order of cognizance dated 21.9.2019 relating to FIR No. 234/2015, P.S. Mahila Thana, Alwar, whereby learned Special Judge (POCSO Act) No. 1, Alwar, after rejecting the FR, had proceeded to take cognizance against the appellants.
2. The fact in a nutshell that on 20.8.2015, an FIR No. 234/2015 was registered at P.S. Mahila Thana, District Alwar, on the complaint of a minor victim with the allegation that, when on 19.8.2015 around 11 a.m., the victim was alone at her home, both the appellants forcefully entered her room and tried to rape her. Police after conducting investigation submitted an FR in the matter on various grounds. Thereafter, a protest petition against the Impugned order was passed and a warrant of arrest was issued against the appellants.
3. Learned Counsel for the appellant heavily relied upon report submitted by the police after a joint investigation in FIR No. 234/2015, P.S. Mahila Thana, Alwar, FIR No. 346/2015, P.S. Arawall Vihar, 342/2015, 349/2015, P.S. Arawali Vihar and 775/2015, P.S. Kotwall, Alwar; and submit
The court reaffirmed that a cognizance order can be quashed if it lacks substantial basis and if allegations raised do not prima facie constitute an offence, highlighting the misuse of protective leg....
Cognizance under the SC/ST Act cannot be sustained if the informant is not a member of Scheduled Caste or if the involvement is merely circumstantial related to civil disputes.
The court clarified that taking cognizance of an offence requires applying judicial mind to the complaint, and mere examination of the complainant does not suffice.
Cruelty, criminal breach of trust and cheating – Order of Magistrate taking cognizance cannot be faulted only because it was not a reasoned order.
The court established that taking cognizance requires substantial evidence, particularly in cases involving allegations under the SC/ST (POA) Act.
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