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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
DARSHAN SONI – Appellant
Versus
STATE AND ANR – Respondent
Order :
1. Instant revision petition under Section 397/401 Cr.P.C. has been filed by the petitioner against the order dated 25.04.2018 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh in Cr. FR No.53/2014, whereby the learned Judge did not accept the final report and took cognizance against the petitioner for offence punishable under Sections 323, 352 IPC and Section 3(1)(x) of SC/ST Act.
2. Counsel for the petitioner submits that after thorough investigation, Police filed final report against the petitioner concluding that no case is made out against him. Counsel submits that there is no reason to disbelieve the final report submitted by the Police after thorough investigation. Counsel further submits that earlier one more FIR was filed against the petitioner by the complainant/respondent No.2, in which FR was filed by the Police, which was accepted by the competent court. Counsel submits that the impugned order of cognizance is per se illegal and deserves to be quashed and set aside.
3. Learned Public Prosecutor and learned counsel for the respondent No.2-complainant have supported the impugned order and submitted that after taking into consid
Taking cognizance requires cogent reasoning and credible evidence; reliance solely on uncorroborated testimony is insufficient.
At the cognizance stage, a prima facie case is sufficient for proceeding against accused, and meticulous examination is not required.
The court ruled that taking cognizance under Section 319 Cr.P.C. is improper when a negative final report exists, especially if the main accused have been convicted.
A Magistrate must provide clear reasons when disagreeing with a negative Final Report, and failing to do so renders the order unsustainable.
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....
The Magistrate's discretion in accepting or rejecting police final reports is paramount, and the Revisional Court's role is limited to ensuring no legal errors occurred in the lower court's proceedin....
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