Back
IN THE HIGH COURT OF ALLAHABAD
Hon'ble Ram Manohar Narayan Mishra,J.
Abbas – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Ram Manohar Narayan Mishra, J.
1. Instant Criminal Revision has been preferred against the order dated 04.08.2023 passed by learned Judicial Magistrate IIIrd Saharanpur on Misc. Application No.02 of 2022 Abbas Vs. Taushif , whereby the protest petition filed by the revisionist against final (closure) report submitted by the police after investigation in Case Crime No.17 of 2021, under Section 366 and 376 IPC has been dismissed and final report has been accepted.
2. Heard Sri S.K. Srivastava, learned counsel for the revisionists, Sri Shivam Tiwari, learned counsel for the respondent No.2 and learned A.G.A. for the State-respondent and perused the material available on record.
3. The factual matrix of the case in brief are that the informant Abbas lodged an FIR at P.S. Gagalhedi, District Saharanpur on 14.01.2021 under Section 3 63 IPC against one Taushif with averments that on 09.01.2021 his minor daughter aged around 14 years was enticed away by accused Taushif son of Hazi Julfan, his daughter is student of class IXth. He has been searching for his daughter for three days and now he came to know that Taushif had kidnapped his minor daughter by enticing and taking her away.
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 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.
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....
The court ruled that allegations of sexual assault necessitate the registration of an FIR without preliminary inquiry, emphasizing the need for judicial scrutiny in such cases.
The revisional court cannot introduce additional documents not considered by the Magistrate, emphasizing the significance of judicial discretion and maintaining the integrity of original findings.
The main legal point established in the judgment is the magistrate's jurisdiction to disagree with the police report, take cognizance, and issue process and summons to the accused, as well as the cou....
A Magistrate must independently evaluate evidence and not solely rely on police conclusions when dismissing a complaint; proper procedures under the Code of Criminal Procedure must be followed.
(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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
