While discussing the legal position Supreme Court observed:-
That The law is well-settled that
in case a final report is filed under Section 173(2) Cr.P.C. stating that no
offence is made out against the accused, any of the following courses can be
adopted by the Magistrate:
(a) He may accept the report
which was filed by the police in which case the proceedings would stand closed.
(b) He may not accept the report and may take
cognizance in the matter on the basis of such final report which was presented
by the police.
(c) If he is not satisfied by the
investigation so undertaken by the police, he may direct further investigation
in the matter.
The law is further well-settled
that the judicial discretion to be used by the Magistrate at such stage has to
fall in either of the three aforesaid categories.
In the present matter, the
magistrate has issued directions directing the police to file charge-sheet
under Section 326 and 294 IPC and also the provision of Section 3(1) and 10 of
the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989. Such a direction is wholly unsustainable.
RAMSWARUP
SONY VS STATE OF M.P.,CRIMINAL APPEAL
NO.614 OF 2019 DECIDED ON 8-04-2019
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