Excelsior Correspondent
Srinagar, May 23: High Court took serious note of proceedings taken ahead by the trial court in a complaint despite the police inquiry declaring the allegations levelled in it as baseless.
A complaint was filed before concerned CJM accusing therein that the accused persons forcibly entered into her house and thrashed her mercilessly. The CJM before proceeding into the complaint directed for verifying the accusation made in the complaint by the police.
The enquiry was conducted by the police officer of the rank of SDPO and he submitted it to the trial Magistrate mentioning that the accusations levelled in the complaint are baseless.
The trial court despite the enquiry report observed that the report of enquiry is not reliable and that, prima facie, offences under Sections 452, 323,506 RPC are made out against the petitioners and co-accused and issued process against the petitioners and co-accused.
Justice Sanjay Dhar quashed the trial court order and the complaint holding the same are not sustainable in the eyes of law. Court has expressed its concern over the proceedings initiated by the trial court in the complaint after the report filed by the police.
Justice Dhar said the trial Magistrate has brushed aside the enquiry report submitted by a high ranking police officer on the ground that the enquiry report is based upon the report submitted by the SHO concerned which the court said is factually incorrect as the report was submitted by SDPO and not by SHO concerned. “Therefore, the trial Magistrate is not right in rejecting report of enquiry solely on the basis of incorrect appreciation of the facts and record”, Court said.
Court said that in a case where the Magistrate, before issuing process against the accused on the basis of a complaint, decides to hold an enquiry or direct investigation, the same is done with the purpose of ascertaining the truth or falsehood of the allegations made in the complaint.
It is in these circumstances that the Magistrate vide his order directed enquiry into the accusations leveled in the impugned complaint and the Inquiry Officer (SDPO), indicated in his detailed report that the accusations are false and that the same have been made by the respondent in order to take revenge against the petitioners for having been dispossessed from the suit property pursuant to the order of the Civil Court.
Justice Dhar clarified that a Magistrate is at liberty to discard the report of enquiry and take an independent view on the bass of material available before him, but then, for discarding the report of enquiry, there must be some cogent reasons for the Magistrate to do so.
Justice Dhar said when after recording the preliminary evidence of the complainant, the Magistrate had directed enquiry as regards the veracity of the allegations made in the complaint, meaning thereby that the Magistrate was not sure about the genuineness of the allegations made in the compliant.
“If such prosecutions are allowed to proceed, then, the litigants would be encouraged to blatantly and brazenly violate the orders of the Courts by resorting to frivolous criminal prosecutions against the successful parties. This is a fit case where this Court should exercise its powers under Section 482 Cr.P.C to quash the impugned complaint as also the impugned order passed by the learned trial Magistrate”, Court concluded.
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