1965 (12) TMI 147 - HC - Indian Laws

Summary

Issues Involved:
1. Whether a Magistrate can direct the Investigating Officer to submit a charge-sheet if he disagrees with the final report.
2. The scope and limits of the Magistrate's power under Section 173 of the Code of Criminal Procedure (CrPC).
3. The role and discretion of the Magistrate upon receiving a final report from the police.
4. The legal implications of the Magistrate taking cognizance of an offence under Sections 190(1)(b) and 190(1)(c) of the CrPC.

Detailed Analysis:

1. Whether a Magistrate can direct the Investigating Officer to submit a charge-sheet if he disagrees with the final report.
The central question is whether a Magistrate can direct the Investigating Officer to submit a charge-sheet if he disagrees with the final report submitted under Section 173 of the CrPC. The judgment clarifies that the Magistrate does not have the power to compel the police to submit a charge-sheet. The formation of the opinion as to whether there is sufficient evidence to place the accused on trial is exclusively within the domain of the police. The Magistrate can take cognizance of the offence under Section 190(1)(b) or Section 190(1)(c) but cannot direct the police to submit a charge-sheet.

2. The scope and limits of the Magistrate's power under Section 173 of the Code of Criminal Procedure (CrPC).
Section 173 of the CrPC requires the police to submit a report upon completion of the investigation. The report can either be a charge-sheet or a final report, depending on whether there is sufficient evidence to proceed against the accused. The judgment emphasizes that Section 173 does not confer any power on the Magistrate to call for a charge-sheet. The Magistrate can only act upon the report submitted and decide whether to take cognizance of the offence.

3. The role and discretion of the Magistrate upon receiving a final report from the police.
Upon receiving a final report, the Magistrate has several options:
- He can agree with the police's conclusion and issue the appropriate summary (A, B, or C).
- He can direct further investigation if the investigation appears incomplete or unsatisfactory.
- He can take cognizance of the offence under Section 190(1)(b) if the final report discloses facts constituting an offence.
- He can take cognizance of the offence under Section 190(1)(c) if he has reason to suspect that an offence has been committed, based on the final report and police papers.

4. The legal implications of the Magistrate taking cognizance of an offence under Sections 190(1)(b) and 190(1)(c) of the CrPC.
The judgment elucidates that the Magistrate can take cognizance of an offence under Section 190(1)(b) upon receiving a police report that discloses facts constituting an offence. If the final report does not set out facts constituting an offence but the Magistrate suspects an offence has been committed, he can take cognizance under Section 190(1)(c). This provision allows the Magistrate to act on his own knowledge or suspicion, ensuring that offences do not go unpunished due to police errors or omissions.

Conclusion:
The judgment concludes that the Magistrate does not have the authority to direct the police to submit a charge-sheet if he disagrees with the final report. Instead, the Magistrate can take cognizance of the offence under Section 190(1)(b) or Section 190(1)(c) based on the facts and circumstances presented in the final report and police papers. The orders calling for a charge-sheet are set aside, and the Magistrate is directed to proceed under Section 190(1)(c) in both cases.