Magistrate's duty on police final report: consider the report and objections before acting on a protest complaint.

On receipt of a police final report, a Magistrate must consider that report and the complainant's objections before deciding the proper course under the Code of Criminal Procedure. The Magistrate is not bound by the police opinion and may take cognizance, direct further investigation, or proceed under the complaint provisions, but cannot ignore the final report and act only on a protest complaint. A protest complaint filed before acceptance of the final report is merely an objection to that report, not a second complaint. A later complaint after acceptance is maintainable only in exceptional circumstances such as manifest error, miscarriage of justice, or newly available facts. The impugned cognizance order was unsustainable and was set aside for fresh consideration.

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Issues: Whether, on receipt of a police final report under Section 173(2) of the Code of Criminal Procedure, 1973, the Magistrate could ignore that report and proceed only on a protest complaint without first considering whether the final report should be accepted; and whether a protest complaint filed at that stage is to be treated as a second complaint attracting the exceptional grounds applicable to a subsequent complaint.

Analysis: A Magistrate is not bound by the police opinion in a final report and may, on the materials before him, take cognizance under Section 190, direct further investigation under Section 156(3), or proceed under Sections 200, 202, 203 and 204 of the Code of Criminal Procedure, 1973. Where the complainant has been heard on the final report, a protest complaint filed before acceptance of the report is only an objection to that report and not a second complaint. If the Magistrate accepts the final report and drops the proceedings, a later complaint on the same facts is maintainable only in exceptional circumstances such as manifest error, manifest miscarriage of justice, or new facts not previously available with reasonable diligence. The Magistrate must therefore consider the final report and the complainant's objections and apply his mind to the proper statutory course before deciding whether process should issue.

Conclusion: The Magistrate could not ignore the final report and proceed solely on the protest complaint. The impugned order taking cognizance without proper consideration of the final report was unsustainable and had to be set aside, with the matter remitted for fresh consideration in accordance with law.

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