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Gurmeet Kaur vs. State of Rajasthan & Anr.

52.00 5.20

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Code of Criminal Procedure, 1973–Sec. 190 [Corresponding Sec. 210 of BNSS, 2023]–Cognizance against the person for whom the negative final report has been filed–It is imperative upon the Magistrate to take note of the grounds mentioned in the negative final report–At least, the Megistrate should show his disagreement with the opinion of the Investigation Officer as to why he was inclined to array the person to be an accused and why he was not agreeable with the contentions of negative final report–No such task has been undertaken in the instant case–Revisional Court also has not bothered to have a hawk eye on the order passed by the Magistrate–Impugned orders are liable to be quashed and set aside.