The High Court clarifies the procedural approach for Magistrates dealing with Final Reports and Protest Petitions, emphasizing a single comprehensive order.
In a significant ruling, the Rajasthan High Court, Jaipur Bench, has set aside an order by the Additional Sessions Judge, Jaipur, which had called for separate judgments on a Final Report (Negative) and a protest petition related to allegations of rape and cheating. The High Court underscored the necessity for a unified and comprehensive order by the Magistrate under the Bharatiya Nagarik Suraksha Sanhita, 2023, when faced with such cases.
The case involved Devesh Sharma, who was accused of developing a physical relationship with the complainant under the false promise of marriage, leading to charges under Sections 376(2)(n) and 420 of the Indian Penal Code. The police, however, submitted a Final Report (Negative), citing insufficient evidence and noting a pattern of similar accusations by the complainant against multiple individuals. The complainant filed a protest petition challenging this report.
Initially, the Magistrate accepted the Final Report and rejected the protest petition, leading to an appeal by the complainant. The Revisional Court then directed that separate orders be issued for the Final Report and the protest petition, a decision which the High Court has now overturned.
Justice Anoop Kumar Dhand, presiding over the High Court judgment, emphasized that the Magistrate should pass a single, comprehensive order that addresses both the Final Report and any accompanying protest petition. This approach aligns with precedents set by the Supreme Court, which stress procedural clarity and efficiency.
The judgment referenced key Supreme Court cases, including Abhinandan Jha and Others vs. Dinesh Mishra, and Bhagwant Singh vs. Commissioner of Police and Another, underscoring that a Magistrate has the discretion to accept a Final Report, direct further investigation, or treat a protest petition as a private complaint, but must do so through a consolidated decision-making process.
The High Court's decision reaffirms that the complainant's right to be heard is crucial, and that the Magistrate's role is to evaluate all evidence and arguments in a single procedural step, thereby avoiding unnecessary delays and legal complexities.
The case has been remitted back to the Revisional Court for a fresh order consistent with the High Court's directions, with a mandate for expedited proceedings.
Bottom line:-
The Magistrate must pass a single comprehensive order when dealing with a Final Report (Negative) and a protest petition submitted by the complainant. Separate orders on these are not required, and the Magistrate must follow the prescribed procedure under Chapter XIV of Cr.P.C.
Statutory provision(s): Sections 200, 202, 193, 344, 161, 164 of the Criminal Procedure Code (now Bharatiya Nagarik Suraksha Sanhita, 2023).
Devesh Sharma v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2901929
