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SUDESH BANSAL
Vimla Devi – Appellant
Versus
State of Rajasthan – Respondent
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 nur
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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