Research › Search › Judgment

Madhya Pradesh High Court · body

2015 DIGILAW 254 (MP)

Sarika Gupta v. State of M. P.

2015-03-02

N.K.GUPTA

body2015
JUDGMENT: Heard on admission. The applicants have filed the present petition under Section 482 of Cr.P.C. challenging the proceeding of the CJM Bhopal in Crime No.96/2011 registered by the police station TT Nagar, Bhopal. 2. The brief facts of the case are that an FIR was lodged by the complainant at Police Station TT Nagar Bhopal on 20.1.2011 and the case of offence under Sections 363 and 366 of IPC was registered. Thereafter the SHO concerned has filed the final report before the CJM Bhopal that no offence is made out against the applicants, therefore final report may be accepted. 3. Thereafter the CJM has recorded the statements of the complainant and all the girls. Thereafter it is directed that all the witnesses of the case be examined. After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, it is the settled view of Hon’ble the Apex Court that while dealing with the final report filed by the police, it is the duty of the concerned Magistrate to examine the complainant and to know the complainant version. Thereafter it is for the Magistrate either to accept the final report or to take cognizance in the case. 4. In the present case, the CJM Bhopal is examining all the witnesses as an investigation officer. If the complainant would have said that the police did not record the statements of some witnesses, then the complainant would have given an opportunity to file anaffidavit of each of such witnesses on the ground that the evidence was not recorded properly by the Investigation Officer. But after perusal of the evidence of the complainant and various girls, it appears that such situation is not visible in the case. 5. Hence the procedure adopted by the CJM Bhopal is not according to the law. 6. Consequently, the procedure of the CJM Bhopal is hereby quashed. It is directed that the CJM Bhopal shall consider the final report of the concerned police station or take cognizance in the matter. 7. With the aforesaid directions, the present petition is hereby disposed off. A copy of this order be sent to the CJM Bhopal for information and compliance.