Published on: 08 August 2023 at 17:10 IST
Court: Supreme Court
Citation: Minu Kumari V. State of Bihar (2006)
Honourable Supreme Court of India has observed that upon submission of a Police Report in terms of Section 173(2)(i) of the Code of Criminal Procedure, 1973 the concerned Magistrate has three courses of action available before him:
- Accept the report and proceed further
- Disagree with the report and drop the proceedings.
- Direct further investigation under Section 156(3) of the Code of Criminal Procedure, 1973 which is the power of the police to investigate a cognizable offence, and require them to make a further report
11. When a report forwarded by the police to the Magistrate under Section 173(2)(i) is placed before him several situations arise : the report may conclude that an offence appears to have been committed by a particular person or persons and in such a case, the Magistrate may either (1) accept the report and take cognizance of the offence and issue process, or (2) may disagree with the report and drop the proceeding, or (3) may direct further investigation under Section 156(3) and require the police to make a further report.
The report may on the other hand state that according to the police, no offence appears to have been committed. When such a report is placed before the Magistrate he again has option of adopting one of the three courses open i.e.
(1) he may accept the report and drop the proceeding; or
(2) he may disagree with the report and take the view that there is sufficient ground for further proceeding, take cognizance of the offence and issue process; or (
3) he may direct further investigation to be made by the police under Section 156(3). ………………………….The Magistrate can take into account the statements of the witnesses examined by the police during the investigation and take cognizance of the offence complained of and order the issue of process to the accused.
Section 190(1)(b) does not lay down that a Magistrate can take cognizance of an offence only if the investigating officer gives an opinion that the investigation has made out a case against the accused. ……………………..
The Magistrate is not bound in such a situation to follow the procedure laid down in Sections 200 and 202 of the Code for taking cognizance of a case under Section 190(1)(a) though it is open to him to act under Section 200 or Section 202 also.
Drafted By Abhijit Mishra