Magistrate must record cogent reasons for disagreeing with a negative police report when taking cognizance.

The complainant, Manisha Jain, filed an FIR alleging offences under Sections 366, 376, and 384 of the IPC.

After investigation, the police filed a negative Final Report (FR No. 60/2007), concluding that no case was made out.

The complainant filed a protest petition, and on 28.05.2011, the Chief Judicial Magistrate (CJM), Bikaner, disagreed with the FR, took cognizance of the offences, and issued arrest warrants.

On appeal, the Addl. Sessions Judge maintained the cognizance but modified the process to bailable warrants.

The accused challenged the cognizance, while the complainant (who expired during the pendency of this petition) challenged the modification of the warrants.

The court applied the principle that while a Magistrate has the jurisdiction to take cognizance despite a negative Final Report under the Code of Criminal Procedure, such discretion must be exercised through a reasoned order.

The court emphasized that judicial discretion cannot be mechanical and must manifest a process of reasoning that addresses why the Investigating Officer's findings are unacceptable.

futhermore, it relied on the evidentiary principle that prolonged, unexplained silence and voluntary companionship are factors that may render allegations of sexual assault and coercion inherently improbable.

The High Court found that the CJM’s order was legally flawed because it relied exclusively on the protest petition and statements of the complainant’s parents while ignoring the extensive investigative record.

The Magistrate failed to analyze why the police conclusions—which were based on evidence showing a long-standing acquaintance and voluntary movement of the complainant—were erroneous.

The court observed that the complainant had numerous opportunities to seek help but remained silent, a fact the Investigating Officer correctly identified as inconsistent with the allegations.

Since the CJM did not perform a "comparative evaluation" of the protest petition versus the police investigation, the order lacked the "heartbeat" of judicial reasoning.

The Court allowed the petition filed by the accused (CRLMP No. 2330/2014) and dismissed the complainant's petition (CRLMP No. 2195/2014).

The High Court set aside the orders dated 28.05.2011 and 09.09.2014, accepted the negative Final Report, and recalled the warrants against the accused.