1987 Supreme(Raj) 362
Rajasthan High Court
Jasraj Chopra, J.
Jagdish - Appellant
Versus
State - Respondents
S.B. Criminal Revision Petition No. 258 of 1986
Decided On : December 11, 1987
S.R. Singhi & Suresh Kumbhatt, for Accused-petitioners; Bhupendra Bhatnagar, for Complainant; B.R. Mehta, Public Prosecutor, for State
Headnote:Criminal Procedure Code, 1973—Sec. 169—Final report of police investigating when evidence deficient—Magistrate rejecting the final report given by the police—Took cognizence—No notice to the accused—He must give a notice and afford them an opportunity of hearing. (Para 2) Revision Accepted.
2. Mr. Singhi appearing for the accused-petitioners has submitted that when a final report is submitted by the Investigating Officer after investigation and if that final report is to be rejected and cognizance is to be taken against some persons then for the ends of justice, these persons have also a right to be heard and cognizance should be taken against them only after affording them an opportunity of hearing. In this respect, he placed reliance on a decision of this Court in Hardeo Singh Sandhu vs. State of Rajasthan (1), wherein a learned single Judge of this Court observed that if the complainant is heard on his protest petition against the acceptance of the final report and if the Magistrate feels that cognizance should be taken against certain persons, it is in the interest of justice that they may also be heard and they can only be heard, if a notice is given to them. In this case, the cognizance has been taken without giving a notice to the accused-petitioners.
3. I therefore, accept this revision, quash the order of the learned Munsif & Judicial Magistrate, Sirohi dated May 15, 1986 and remand the case back to him with this direction that if he proposes to take cognizance against the accused-persons, he must give them a notice and afford them an opportunity of hearing but the hearing is to be confined to the point as to whether the report under s. 169 Cr. P. C. is to be accepted or not and if cognizance has to be taken then no further.