On Filing Of Negative Final Report, Judicial Officer Must Show Disagreement With IO’s Conclusion Before Taking Cognizance: Rajasthan High Court

The Rajasthan High Court has reiterated that when a negative final report is submitted, the trial court must consider grounds enumerated in it and show disagreement with the conclusion of the Investigating Officer before taking cognizance of the offence and issuance of the process.

The single judge bench of Justice Farjand Ali said:

“In a case where a detailed negative final report is submitted, it becomes imperative upon the Judicial Officer to show his disagreement with the conclusion of the Investigating Officer and it should be mentioned in clear terms in the order that why he was not agreeable with the result of the investigation. This is to be done before taking cognizance of the offence and issuance of the process.”

The appellants approached High Court assailing the order dated February 21, 2023 passed by Special Judge, SC/ST Case and Additional District & Session Judge, Bikaner which allowed the protest petition filed by the complainant-respondent, took cognizance of the offence and issued process against them for offence under Section 3(1)(r) and Section 3(1)(s) of the SC/ST Act, 1989.

The counsel appearing for the appellants submitted that the matter was thoroughly investigated by the Police and a negative final report was submitted with several reasons.

It was contended that the trial court did not discuss the grounds on which the negative report was submitted. It was further argued that as per settled principle of law, the disagreement of the trial court with the conclusion of the Investigating Officer has to be mentioned in clear terms in the order before taking cognizance of the offence.

The court noted that the matter was investigated by the superior officer and a detailed negative report was submitted before the trial court.

It further observed that the trial court in its impugned order did not mention in clear terms as to why it was not agreeable with the result of the investigation.

"A bare perusal of the order does not reflecting fulfillment of the legal obligation and thus, in considered view of this Court, the order impugned is not sustainable in the eye of law, therefore, the appeal deserves to be allowed," said the court.

The court set aside the impugned order and remanded back the matter to the trial court for passing of a fresh order, after making discussion on the result of investigation and consideration of the entire material available on record.

Case Title: Niraj Goyal & Anr. v. State of Rajasthan & Anr

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