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IN THE HIGH COURT OF ALLAHABAD
Arun Kumar Singh Deshwal, J.
Amit Kumar Tiwari – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. fir lodged against applicants (Para 2 , 3) |
| 2. contention of learned counsel (Para 4) |
| 3. opposite party's submission (Para 5 , 6) |
| 4. court's review of the case (Para 7 , 9) |
| 5. legal issue for consideration (Para 8) |
| 6. final order cannot be altered (Para 10) |
| 7. apex court's observations (Para 11 , 12 , 13 , 14 , 15) |
| 8. further observations by apex court (Para 16 , 17 , 18 , 19 , 20) |
| 9. order set aside and remanded (Para 21 , 22) |
JUDGMENT :
1. Heard Sri Indra Deo Mishra, learned counsel for the applicants, Sri Brijesh Kumar, learned counsel for opposite party no.4 and Sri Pankaj Saxena, learned AGA for the State.
3. Facts giving rise to the present controversy is that an FIR dated 09.10.2024 was lodged by opposite party no.4 against the applicants in Case Crime No.415 of 2014, under Sections-147, 354Kha, 323, 504, 506 IPC and Section 7/8 of POCSO Act making allegation against the applicants that they have sexually assaulted his minor daughter. Police after the investigation submitted final report in that case on 24.08.2018. After receiving the final report, learned Magistrate issued notice to the opposite party no.4 but opposite party no.4 could not appear before the court. Th
An order accepting a final report under Section 362 Cr.P.C. is a final order that cannot be recalled without sufficient reasoning, although procedural reviews may be permissible under specific circum....
(1) Merely because list of witnesses was not filed alongwith protest petition, it cannot be said that protest petition cannot be treated as a complaint.(2) Fair, just and proper investigation is esse....
A Magistrate is required to consider all police reports, including supplementary reports, before making decisions on charges, ensuring procedural fairness in criminal proceedings.
Point of law: Cheating – Cognizance of offence - Once the learned Magistrate proceeded to record the sworn statement on the basis of the protest petition that itself is taking of the cognizance
The final report under Section 173(2) Cr.P.C. does not bind the Magistrate, who has the power to take cognizance of offences based on the material collected during investigation.
The acceptance of a final report does not prevent a Magistrate from taking cognizance of a complaint based on a protest petition if supported by sufficient evidence.
The recorded statement under Section 164 Cr.P.C. carries greater evidential weight than one under Section 161, and a Magistrate can lawfully accept a closure report when supported by credible evidenc....
The accused has no right to seek further investigation after a charge sheet is filed, and discrepancies in evidence are to be resolved at trial.
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