Magistrate Required To Show Disagreement With Police Report When Taking Cognizance On Protest Petition: Rajasthan HC

The Rajasthan High Court has held that whenever a Magistrate takes cognizance of the offence on a protest petition, he is required to show his disagreement with the police report.

The Court was considering a Petition challenging the order of the Judicial Magistrate, First Class whereby he took cognizance of offence under Sections 147, 341, 323, 325 r.w. Section 149 of the IPC and issued process against the petitioners.

The single- bench of Justice Farjand Ali observed, "It is neigh well settled principal of law that whenever a Magistrate takes cognizance of the offence on a protest petition, he is required to show his disagreement with the police report. A definite opinion has to be made or at least the grounds of final report should be considered before proceeding further in the matter."

The Petitioner was represented by Advocate Nishant Bora while the Respondent was represented by Dy. Government Advocate Vikram Singh Rajpurohit.

The Petitioner had also challenged the order of the Additional Sessions Judge dismissing the Criminal Revision Petition. The matter was investigated thoroughly and a detailed negative final report got submitted by the police observing therein that the complainant party made an assault over the petitioners’ party in which one person was murdered and the complainant party was charge-sheeted because they were aggressors. It was specifically observed that a false case was lodged at the behest of the complainant. Consequently, the complainant made a protest petition in which the Magistrate initiated an inquiry and then passed the impugned order.

The Court observed that the Sessions Judge perhaps did not consider the legal and factual aspects of the matter and thus he failed to exercise his revisional jurisdiction.

It clarified the settled legal proposition in case of a protest petition and observed that the same has not been undertaken.

The Petition was accordingly allowed.

Cause Title: Nopa Ram vs. State Of Rajasthan (2024:RJ-JD:52596)

Appearances:

Petitioner- Advocate Nishant Bora

Respondent- Dy. Government Advocate Vikram Singh Rajpurohit, Additional Government Advocate Ravindra Singh, Hanuta Ram (In-Person)

Click here to read/ download Order