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Head Note

The Code of Criminal Procedure, 1973  - Section 173 , Section 190 , Section 200

Police investigating a case and submitting closure report - Magistrate rejecting the closure report and directing the Police to submit charge sheet - Order of Magistrate not valid - Though the Magistrate may or may not accept the Police Report, he cannot impinge upon the jurisdiction of the police by compelling them to change their opinion so as to accord with his view. AIR 1968 Supreme Court 117 : 1967(3) SCR 668, relied.

The Code of Criminal Procedure, 1973  - Section 173 , Section 190 , Section 202 , Section 203

Even after the police report indicates that no case is made out against the accused, the magistrate can ignore the same and can take cognizance on applying his mind independently to the case - But in that situation, he has two options (i) he may not agree with the police report and direct an enquiry under Section 202 and after such enquiry take action under Section 203 - He is also entitled to take cognizance under Section 190 Criminal Procedure Code at once if he disagrees with the adverse police report but even in this circumstance, he cannot straightway direct submission of the charge-sheet by the police. AIR 1968 Supreme Court 117 : 1967(3) SCR 668 relied.

Topic(s)-

Important Decision(s)- 

• Sec. 173, 190 (c) of CrPC - Magistrate rejecting the closure report and directing the Police to submit charge sheet - Not valid.
• Magistrate may or may not accept the Police Report, he cannot impinge upon the jurisdiction of the police by compelling them to change their opinion.