- (1.) JUDGEMENT_114_LAWS(SC)5_2017_1.html Hence under these circumstances, it is not possible that female under trial prisoner Babita could be brought out separately from her Barrack during the night or day without the following procedure as prescribed in the Jail Manual. 5. That the allegations made by said Babita also falsify from the fact that there is no entry of answering respondent in register no.16 on the intervening night of 30.07.2015. As per the provisions of the Punjab Jail Manual a Register No.16 is maintained inside the Jail gate in every Jail in the State of Haryana which is a permanent record in which entry of every officer/officials or any other persons with time and date are strictly made who come inside and go outside the Jail premises. The said Register No.16 is duly maintained by the officials on duty in the day time as well as at night. Photocopy of the entries made from 29.07.2015 to 31.07.2015 of Register No.16 are annexed herewith for the kind perusal of the Hon'ble Court are as Annexure R-3/3 (pg 37-95). 6. That the answering respondent and his family is under life threat from the gangs of hard core criminals and have been duly provided with security cover by the State Police with sophisticated weapons on the secret information available with the State Security Agencies. Due to security reasons close circuit TV (CCTV's) cameras have been installed at the residence of answering respondent to keep an eye on the visitors or unknown persons. From the footage of CCTV cameras on 30.07.2015 it is clear that the answering respondent did not go out from his house till the morning of 31 July 2015. On 30.07.2015, the answering respondent entered his house/residence at 8:02 P.M., after that the respondent No.3 came out from his house/residence on 31.07.2015 at 10:08 A.M. for going on duty at Central Jail-2, Hisar. A copy of the extract data available in the hard disk from dated 30.07.2015 to 31.07.2015 and photos are attached herewith as Annexure R 3/4 (pg 96-98)." The stands adopted by Respondent NO.3 in the counter affidavit filed before this Court, would possibly reveal, that the allegations levelled against him by the petitioner were false and incorrect. 3. Undoubtedly, the FIR registered at the behest of the petitioner needs an effective investigation. However, the investigation would be effective, only when the position indicated by Respondent No.3 is fully taken into consideration, and it is only then that the investigation can be considered to be complete. 4. We are informed by the learned counsel for the petitioner, which position is affirmed also by the learned Additional Solicitor General, representing the State of Haryana, that a 'closure report' has been submitted by the Police, with reference to the FIRs registered against Respondent No.3, consequent upon the allegations levelled by the petitioner. This determination at the hands of the State Government is sought to be assailed (by the petitioner) on the basis of the decision rendered by this Court in Bhagwat Singh v. Commissioner of Police and Anr., 1985(2) R.C.R.(Criminal) 259 : (1985) 2 SCC 537, wherein, this Court had asserted, that before a Magistrate gives effect to a 'closure report' submitted by the Police, it is imperative to issue a notice to the concerned complainant, and to seek the response of the complainant. Only thereafter, a sustainable order can be passed by the concerned Magistrate. 5. We find justification in the contention advanced at the hands of the learned counsel for the petitioner. We hereby direct, that when the matter is placed before the Magistrate with reference to the 'closure report' submitted by the Police, it would be imperative for the Magistrate to issue notice to the petitioner, and only thereafter the Magistrate will take a final decision on the issue. 6. However, keeping in view the position expressed hereinabove, we are of the view, that the assertions made by Respondent No.3 in the counter affidavit, particularly those which have been extracted hereinabove, also need to be investigated. We are of the view, that report of the Police would be complete and effective for consideration of the Magistrate, only after the investigation is carried out to that effect as well. We therefore direct the Police to complete the investigation in the matter, in the manner expressed above. And only thereafter, take such further action as may be considered appropriate, in consonance with law. 7. The writ petition is disposed of, in the above terms.;