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IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
SUDESH BANSAL, J.
Smt. Vimla Devi - Petitioner
Versus
State of Rajasthan and Ors. - Respondents
S.B. Criminal Miscellaneous (Petition) No. 1245 of 2015
Decided on : 27-02-2024
(A) Code of Criminal Procedure, 1973 - Section 482 - Challenge to order affirming negative final report - Petitioner alleged misconduct by male nurses, leading to FIR - Judicial Magistrate accepted negative report, finding no evidence - Revisional Court upheld this decision, stating no jurisdictional error was present. (Paras 1, 8, 14)
(B) Jurisdiction of Magistrate - The Magistrate is not bound to accept the final report but must provide reasons if disagreeing with it. (Para 11)
Facts of the case:
The petitioner filed a complaint alleging misconduct by male nurses, which was investigated, leading to a negative report accepted by the Judicial Magistrate.
Findings of Court:
The court found no jurisdictional error in the Magistrate's acceptance of the negative report and dismissal of the protest petition.
Issues: The main issue was whether the Magistrate erred in accepting the negative report without sufficient evidence to take cognizance.
Ratio Decidendi: The court ruled that the Magistrate's decision was justified as no evidence supported the allegations made by the petitioner.
Result: Petition dismissed.
ORDER :
Mr. Sudesh Bansal, J. - Petitioner-complainant has filed this petition under Section 482 Cr.P.C., challenging the order dated 20.02.2015 passed in criminal revision petition No.1/2014 by the Additional Sessions Judge No.2, Bayana, District Bharatpur, affirming the order dated 13.12.2013 passed by the Judicial Magistrate, Roopwas, District Bharatpur, whereby her protest petition was dismissed and accepted the negative final report in connection with FIR No.297/2013 registered at Police Station Roopbas, District Bharatpur for offence under Sections 323, 341, 376 (2)/ 511 IPC r/w Section 3 SC/ST Act.
2. Heard learned counsel for the petitioner at length, learned counsel for the complainant as well as Public Prosecutor and perused the material available on record.
3. It has been revealed that the petitioner-complainant lodged the impugned FIR by way of filing a criminal complaint before the Judicial Magistrate, Roopbas on 05.06.2013 in respect of an incident alleged to be occurred on 03.06.2013 at 10:PM in night at CHC, Roopbas, District Bharatpur where the petitioner was posted as "Yashoda", a post created by the State Government. The allegation of petitioner is that two male nurse, named in the complaint, engaged in scuffle with her and outraged her modesty so also abused her with caste aspersion, fundamentally for the reason that the petitioner declined to provide money from attendants of patients, who came at CHC, Roopbas for delivery. The complaint was sent for investigation under Section 156(3) Cr.P.C. and therefore, the impugned FIR came to be registered at Police Station Roopbas, District Bharatpur.
4. During course of investigation in the impugned FIR, it was revealed that on 03.06.2013, Dr. Lakhpat Ram attended the patient, who was brought for her delivery and since female nurse was not available at the spur of moment, the petitioner persuaded attendants of patient to allow her to perform the work of delivery. Dr. Lakhpat Ram declined for the assistance of petitioner as female nurse, on the ground that the job of petitioner, who is posted as "Yoshada", is only to take care of the patient and child after delivery. It is not the job of petitioner being "Yashoda" to perform the work of delivery.
It has further been revealed in the investigation that due to declining the petitioner to perform the work of delivery, she called her husband namely Ramesh, who created ruckus in the CHC and torn the register as also assaulted on two male nurse on duty. For such incident, one FIR was registered on 03.06.2013 itself against Ramesh and the petitioner. In that FIR, after investigation, charge-sheet has been filed. Thereafter petitioner filed the criminal complaint on 05.06.2013, on the basis of a false story just to save herself from the criminal prosecution in the FIR lodged against her and her husband so also to exert pressure on the doctor and other two male nurse, who were witnesses in the criminal case against her.
5. In view of revelation of such factual matrix, Investigating Officer submitted negative final report, finding allegations made by the petitioner in the complaint as false so also not established by any evidence.
6. After submission of negative final report before the Judicial Magistrate, the petitioner opted to file protest petition. In her protest petition, the Judicial Magistrate permitted her to produce statements, which were recorded under Section 200 Cr.P.C. and statements of witnesses namely Karansingh, Devarilal and Vinod were also recorded under Section 202 Cr.P.C. The Judicial Magistrate, having gone through statements of complainant and her witnesses so also as per the evidence collected by the Investigating Agency during course of investigation, prima facie observed that the petitioner has not controverted grounds on which Investigating Agency submitted the negative final report.
7. In such view, the Judicial Magistrate did not find any sufficient material to take cognizance of offence, hence being satisfi
Judicial Magistrate's acceptance of a negative final report is valid unless there is a clear jurisdictional error or procedural defect.
The Magistrate must provide clear grounds for disagreement with the police report when taking cognizance on a protest petition; failure to do so invalidates the proceedings.
Magistrate was not bound by the final report submitted by the police after investigation. Once he has taken cognizance under Section 190(1)(a) Cr.P.C. he may have taken into consideration the evidenc....
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