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Mukhtar Zaidi vs. The State of Uttar Pradesh & Anr.

Not available · 2024 INSC 316Decided 18 Apr 2024
Not available
Justice Vikram Nath · Justice Satish Chandra Sharma

Background

After an FIR was lodged against the appellant, the police investigation concluded that no evidence supported the allegations and filed a closure report. The complainant filed a "Protest Petition" along with affidavits of witnesses disputing the fairness of the investigation. The trial Magistrate (CJM, Aligarh) rejected the closure report and, relying on those affidavits, took cognizance and summoned the appellant as a State case. The Allahabad High Court declined to quash this summoning order.

Decision Breakdown

The Supreme Court held that once the Magistrate relied on additional material (the affidavits filed with the Protest Petition) beyond what the police had gathered during investigation, the Protest Petition should have been treated as a private complaint under Section 200 Cr.P.C., requiring the complainant and witnesses to be examined afresh under Chapter XV of the Cr.P.C., rather than being treated as a State case cognizance under Section 190(1)(b). The Court set aside the orders of both the High Court and the CJM but left it open for the Magistrate to treat the Protest Petition as a complaint and proceed correctly under the law, without commenting on the merits.

Lesson Learnt

If a Magistrate relies on fresh evidence filed by a complainant (beyond the police's own investigation) to override a closure report, the case must follow the private-complaint procedure, with proper examination of the complainant and witnesses, not be treated as an ordinary police case.

Official source (sci.gov.in)View Judgment (PDF)

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