Independent judicial scrutiny of police final reports permits cognizance and framing of charge despite a contrary police opinion.

A Magistrate or Special Judge is not bound by a police final report concluding that no offence is made out. On receiving a report under Section 173(2) of the Code of Criminal Procedure, the court may independently examine the statements and materials collected in investigation and take cognizance under Section 190(1)(b) even if the police opinion is contrary. It is not restricted to proceeding only under Sections 200 and 202. On the facts, the Special Judge's prima facie view that charge should be framed was legally permissible, and the High Court erred in setting aside that order.

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Issues: Whether the Special Judge could disregard the police final report and, on an independent assessment of the materials collected in investigation, frame charge and take cognizance despite the police opinion that no case was made out.

Analysis: The settled position is that a judicial officer is not bound by the conclusion in a police report. On receipt of a report under Section 173(2) of the Code of Criminal Procedure, 1973, the Magistrate or Special Judge may independently examine the statements and materials gathered during investigation and may take cognizance under Section 190(1)(b) of that Code even if the police opines that no offence is made out. The court is not compelled to accept the conclusion of the investigating officer and is not required, in such a situation, to proceed only under Sections 200 and 202 of the Code. In the present case, the Special Judge was aware of both reports and had reached a prima facie view that charge deserved to be framed; that approach was legally permissible.

Conclusion: The Special Judge was entitled to ignore the police conclusion and frame charge on the materials available; the High Court erred in setting aside that order.

Ratio Decidendi: A Magistrate or Special Judge may independently apply judicial mind to the materials in the police report and take cognizance or frame charge notwithstanding a contrary police opinion that no offence is made out.

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