https://www.taxtmi.com/caselaws?id=183430 On receipt of a police report under Section 173(2), a Magistrate may independently examine the facts disclosed by investigation and is not bound by the investigating officer's view that no offence is made out. If the material in the report discloses an offence, cognizance may be taken under Section 190(1)(b) and process issued on that basis. The procedure under Sections 200 and 202 is not mandatory in such a case, though the Magistrate may adopt it if appropriate. The police opinion that the dispute is civil in nature does not control the Magistrate's power to proceed when the investigation material supports cognizance. en-us Wed, 15 Feb 1989 00:00:00 +0530 Thu, 09 Jun 2016 11:01:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=183430 On receipt of a police report under Section 173(2), a Magistrate may independently examine the facts disclosed by investigation and is not bound by the investigating officer's view that no offence is made out. If the material in the report discloses an offence, cognizance may be taken under Section 190(1)(b) and process issued on that basis. The procedure under Sections 200 and 202 is not mandatory in such a case, though the Magistrate may adopt it if appropriate. The police opinion that the dispute is civil in nature does not control the Magistrate's power to proceed when the investigation material supports cognizance. Case-Laws Indian Laws Wed, 15 Feb 1989 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=183430