RAKESH Vs. STATE OF U.P.
LAWS(SC)-2014-8-26
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on
August 13,2014
RAKESH
Appellant
VERSUS
STATE OF U.P.
Respondents
Referred Judgements :-
H S BAINS DIRECTOR SMALL SAVING CUM DEPUTY SECRETARY FINANCE PUNJAB CHANDIGARH VS. STATE UNION TERRITORY OF CHANDIGARH [REFERRED TO]GOPAL VIJAY VERMA VS. BHUNESHWAR PRASAD SINHA [REFERRED TO]
MAHESH CHAND VS. B JANARDHAN REDDY [REFERRED TO]
GANGADHAR JANARDAN MHATRE VS. STATE OF MAHARASHTRA [REFERRED TO]
BHUNESHWAR PRASAD SINHA VS. STATE OF BIHAR [REFERRED TO]
KISHORE KUMAR GYANCHANDANI VS. G.D. MEHROTRA [REFERRED TO]
Cited Judgements :-
DURGA DAS ALIAS DURGA PRASAD VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2018-5-757] [REFERRED TO]V K RAI VS. STATE OF U P [LAWS(ALL)-2019-4-207] [REFERRED TO]
BADRI PRASAD TIWARI & 7 ORS VS. STATE OF U P & ANOTHER [LAWS(ALL)-2017-1-414] [REFERRED TO]
ANWAR & OTHERS VS. STATE OF U P & OTHERS [LAWS(ALL)-2016-5-560] [REFERRED]
VIRENDRA KUMAR JHA VS. CIVIL JUDGE JUNIOR DIV [LAWS(ALL)-2019-4-265] [REFERRED TO]
VISHNU KUMAR TIWARI VS. STATE OF UTTAR PRADESH [LAWS(SC)-2019-7-61] [REFERRED TO]
ZUNAID VS. STATE OF U.P. [LAWS(SC)-2023-8-88] [REFERRED TO]
MANSION HOUSE PROPERTIES PVT. LTD. & ORS. VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-6-5] [REFERRED TO]
GOLDY RAJIV SANTHOJI VS. STATE OF UTTARAKHAND [LAWS(UTN)-2021-5-17] [REFERRED TO]
SUN PHARMACEUTICALS LIMITED VS. STATE OF TELANGANA [LAWS(APH)-2016-4-47] [REFERRED TO]
HARI RAM VS. STATE OF U.P. & ANOTHER [LAWS(ALL)-2016-5-98] [REFERRED TO]
MOHD NASEEM VS. STATE OF U P [LAWS(ALL)-2015-5-111] [REFERRED TO]
SHAKUNTALA TYAGI VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2019-3-29] [REFERRED TO]
MUJAMMIL KHAN VS. STATE OF U.P. [LAWS(ALL)-2020-1-240] [REFERRED TO]
ABHIJIT SEN & ORS VS. STATE OF WEST BENGAL [LAWS(CAL)-2017-4-105] [REFERRED TO]
JUDGEMENT
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(1.)Leave granted.
(2.)Whether a Magistrate after accepting a negative final report submitted by the Police can take action on the basis of the protest petition filed by the complainant/first informant The above question having been answered in the affirmative by the Allahabad High Court, this appeal has been filed by the accused.
(3.)The bare facts that would be required to be noticed are as follows :
Respondent No.2 herein lodged an FIR which was registered as Crime Case No.480 of 2000 under Section 364 of the Indian Penal Code at the Police Station Gosai Ganj District Sultanpur against the appellants and two other accused persons. On completion of investigation, the investigating officer submitted a final report to the court that no case is made out against the appellants and the other two accused and that they have been falsely implicated in the case. By order dated 26th November, 2002, the learned Magistrate accepted the final report but simultaneously directed that the case be proceeded with as a complaint case. The statements under Sections 200 and 202 of the Code of Criminal Procedure (Cr.P.C.) were recorded and the accused were summoned by the learned trial court to face the trial. Against the aforesaid orders passed by the learned Magistrate, the present appellants moved the High Court of Allahabad raising the question noticed earlier. The High Court having answered the said question in the affirmative, this appeal has been filed.
(2.)Whether a Magistrate after accepting a negative final report submitted by the Police can take action on the basis of the protest petition filed by the complainant/first informant The above question having been answered in the affirmative by the Allahabad High Court, this appeal has been filed by the accused.
(3.)The bare facts that would be required to be noticed are as follows :
Respondent No.2 herein lodged an FIR which was registered as Crime Case No.480 of 2000 under Section 364 of the Indian Penal Code at the Police Station Gosai Ganj District Sultanpur against the appellants and two other accused persons. On completion of investigation, the investigating officer submitted a final report to the court that no case is made out against the appellants and the other two accused and that they have been falsely implicated in the case. By order dated 26th November, 2002, the learned Magistrate accepted the final report but simultaneously directed that the case be proceeded with as a complaint case. The statements under Sections 200 and 202 of the Code of Criminal Procedure (Cr.P.C.) were recorded and the accused were summoned by the learned trial court to face the trial. Against the aforesaid orders passed by the learned Magistrate, the present appellants moved the High Court of Allahabad raising the question noticed earlier. The High Court having answered the said question in the affirmative, this appeal has been filed.
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