(Uday Umesh Lalit and Indu Malhotra, JJ.)
Ramswaroop Soni _________________________________ Petitioner;
v.
State of Madhya Pradesh and Another ______________ Respondent(s).
Criminal Appeal No. 614 of 2019 (@ out of SLP No(s). 814/2019), decided on April 8, 2019
The Judgement of the Court was delivered by
Uday Umesh Lalit, J.:—
1. Leave granted.
2. In connection with Crl. Case No. 2/2009 filed against the appellant for the offences punishable under Section 326, 294 IPC and Section 3(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, a Final Report under Section 173(2) of Cr.P.C. was filed on 20.06.2009 submitting that no offence was found to have been committed by the appellant.
3. The matter was thereafter taken up by the Chief Judicial Magistrate, Vidisha, M.P and following order was passed on 22.06.2013.
“A.D.P.O. is presesnt for the State.
The case is fixed for order on closure.
Final report was present by P.S. Ajak, Vidisha on 20.06.2009 under Section 326, 294 of IPC and Section 3(1)(10) of S.C/S.T. Act was registered against the Ramswarup Soni on the report of complainant Kishor Kumar. Since, sufficient evidence was not found by P.S. during the course of investigation, therefore, closure report was presented. The statement of complainant Kishore Kumar was recorded regarding aforesaid closure report. The complainant has stated in his statement that Police has deliberately not presented charge-sheet, nor has lodged a report in a proper manner. Complainant has expressed his objection in allowing closure report.
Case diary was perused. Sufficient evidence is available on the record to submit charge-sheet against the accused Ramswaroop Soni, in this situation, while rejecting aforesaid closure report, the SHO of P.S. Ajak is hereby directed to submit charge-sheet against the accused in the Court.
A copy of this order be attached in the case diary and case diary be returned back to the Police Station. Remaining documents be filed in a bundle.”
4. The law is well-settled that in case a final report is filed under Section 173(2) Cr.P.C. stating that no offence is made out against the accused, any of the following courses can be adopted by the Magistrate:
(a) He may accept the report which was filed by the police in which case the proceedings would stand closed.
(b) He may not accept the report and may take cognizance in the matter on the basis of such final report which was presented by the police.
(c) If he is not satisfied by the investigation so undertaken by the police, he may direct further investigation in the matter.
5. The law is further well-settled that the judicial discretion to be used by the Magistrate at such stage has to fall in either of the three aforesaid categories.
6. In the present matter, the magistrate has issued directions directing the police to file charge-sheet under Section 326 and 294 IPC and also the provision of Section 3(1) and 10 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Such a direction is wholly unsustainable.
7. We, therefore, allow this appeal and set aside the order passed by the Chief Judicial Magistrate and remit the matter back to the file of CJM, Vidisha, M.P. for fresh consideration and to pass appropriate order in accordance with law.
8. The appeal stands allowed in aforesaid terms.
9. Pending applications, if any, shall also stand disposed of.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 814/2019
Ramswarup Soni ___________________________________ Petitioner
v.
The State of Madhya Pradesh & Anr ________________ Respondent(s)
Date : 08-04-2019 This petition was called on for hearing today.
(Before Uday Umesh Lalit and Indu Malhotra, JJ.)
For Petitioner(s) Mr. Vikrant Singh, Bais, Adv.
Mr. Yogesh Tiwari, Adv.
Mr. Sanjay K. Agrawal, AOR
For Respondent(s) Mr. Amit Kumar, Adv.
Mr. Sachin Pahwa, Adv.
Mr. Vijay Pal Singh, Adv.
Mr. Harsh Parashar, Std. Counsel for State
Mr. Aman Pandey, Adv.
UPON hearing the counsel the Court made the following
ORDER
10. Leave granted.
11. The appeal is allowed in terms of the signed reportable judgment.
12. Pending applications, if any, shall also stand disposed of.
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