Court affirms Magistrate's power to take cognizance despite Investigating Officer's final report of no case.
In a significant ruling, the Allahabad High Court has reinforced the authority of Magistrates to take cognizance of criminal offences, even if the final report by the Investigating Officer suggests no case against the accused. The judgment, delivered by Justice Vivek Kumar Singh, came in the matter of Rajvir v. State of U.P., where the applicants sought to quash criminal proceedings initiated against them under severe charges including kidnapping and gang rape.
The case originated from an FIR lodged on December 23, 2023, by the victim’s mother, reporting the disappearance of her minor daughter who was later found and claimed to have been kidnapped and raped by the applicants. Despite the Investigating Officer submitting a final report concluding no case against the accused based on alibi and witnesses, the trial court accepted a protest petition from the informant, summoning the accused for trial.
Justice Singh emphasized the Magistrate's discretion under Section 190(1)(b) of the Criminal Procedure Code (Cr.P.C.), allowing independent evaluation of evidence and cognizance of offences, irrespective of the Investigating Officer's conclusions. The judgment underscored the Magistrate's capacity to act on the material collected during investigation and issue summons if a prima facie case is established.
The High Court dismissed the plea to quash the proceedings, citing ample grounds for trial, including the victim's statements and other evidence overlooked by the Investigating Officer. The ruling clarified that the plea of alibi, a defense claimed by the accused, is to be proved during trial and not at the stage of cognizance or summoning.
The judgment further reiterated the Supreme Court's stance that quashing of proceedings should be exercised sparingly and only in the rarest of cases, ensuring allegations that disclose a cognizable offence are tested during trial.
Justice Singh's decision reflects a robust affirmation of judicial processes, ensuring victims' voices are heard and allegations thoroughly scrutinized through appropriate legal channels. The ruling is poised to impact how lower courts handle discrepancies between investigative findings and judicial actions.
Bottom line:-
The Magistrate has the power to take cognizance of an offence under Section 190(1)(b) of Cr.P.C. even if the final report submitted by the Investigating Officer concludes that no case is made out against the accused. The Magistrate can independently evaluate the material collected during the investigation and issue a summons if a prima facie case is established.
Statutory provision(s):
Section 190, Section 161, Section 164, Section 482, Section 528 of Cr.P.C.
Rajvir v. State of U.P., (Allahabad) : Law Finder Doc id # 2938242
