In Abhinandan Jha and others. V. Dinesh Mishra

In Abhinandan Jha and others. V. Dinesh Mishra, the question arose as to whether when a report is submitted that there is no material that any case is made out for sending the accused for trial, the Magistrate can direct the police to submit a charge-sheet. This Court took the view that the Magistrate cannot compel the police to change their opinion. However, it was held that the Magistrate is free not to accept such report and he may take suitable action. The Magistrate may direct further investigation under section 156(3) of the Code. It was further held that it would be in a case where the Magistrate feels that the investigation is unsatisfactory or in complete. It may be also in a case where there is scope for further investigation.

It may also not be inapposite that we refer to the following discussion by this Court in Abhinandan J

ha (supra) as to what is a final report.

“It will be seen that the Code, as such, does not use the expression ‘charge-sheet’ or ‘final report’. But it is understood, in the Police Manual containing Rules and Regulations, that a report by the police, filed under section 70 of the code, is referred to as a ‘charge-sheet’. But in respect of the reports sent under section 169 i.e. when there is no sufficient evidence to justify the forwarding of the accused to a Magistrate, it is termed variously, in different states, as either ‘referred charge’, ‘final report’, or ‘summary’.

This is a case where following the First Information Report, the Investigating Officer conducted an investigation. Statements were taken from the complainant, his wife and his son. This is apart from the statements which were taken from the Doctors who treated the daughter of the second respondent/complainant.

The Investigating Officer concluded that there is no material which would warrant the accused being sent for trial. When such a report is filed before the court, it is beyond the shade of the doubt that the Magistrate may still choose to reject the final report and proceed to take cognizance of the offences, which in his view, are seen committed. He may, on the other hand, after pondering over the materials, which would include the statements of witnesses collected by the Investigating Officer, decide to accept the final report. He may entertain the view that it is a case where further investigation by the Officer is warranted before a decision is taken as to whether cognizance is taken or not.

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