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MAHENDAR KUMAR GOYAL
Suman Devi – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Mr. Mahendar Kumar Goyal, J. - This criminal miscellaneous petition under Section 482 CrPC has been filed assailing the legality and validity of the order dated 01.02.2019 passed by the learned Additional Sessions Judge No.1, Alwar (for brevity "the learned Revisional Court") in Criminal Revision No.29/2016 whereby, while allowing the revision petition preferred by the respondent No.2-accused (hereinafter referred to as "the accused") and setting aside the order dated 16.11.2016 passed by the learned Judicial Magistrate, Thanagazi, District Alwar (for short "the learned trial Court") taking cognizance against the accused under Sections 323, 354(A)(1)(iv), 354 (H) (1)(i) & 509 IPC, the matter was remanded back to pass an order afresh on cognizance.
2. The relevant facts in brief are that the petitioner/complainant (for brevity "the petitioner") lodged an FIR No.158/2014 against the accused under Sections 341, 323, 354 & 504 IPC wherein, the investigating agency after thorough investigation, submitted the negative Final Report finding the allegations to be false. On a protest petition filed by the petitioner there against and after recording her statement under Section 200 C
A Magistrate must provide clear reasons when disagreeing with a negative Final Report, and failing to do so renders the order unsustainable.
Taking cognizance requires cogent reasoning and credible evidence; reliance solely on uncorroborated testimony is insufficient.
The main legal point established in the judgment is the requirement for a reasoned order disclosing the judicial mind of the court while exercising its power to take cognizance and issue process to a....
(1) In exercising revisional power, Sessions Court cannot quash cognizance and summoning order passed by Magistrate.(2) Plea of alibi of accused shall be examined only during trial at stage of defenc....
It is settled principles of law that no lis can be decided in absence of a party.
Judicial cognizance must involve application of mind and cannot be a mechanical process; failure to consider objections renders the order invalid.
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