https://www.taxtmi.com/caselaws?id=183992 A Magistrate cannot compel the police to file a charge-sheet after a final report states that no case is made out, because the statutory opinion on whether material warrants trial belongs to the investigating officer. If the Magistrate disagrees with the final report, the proper courses are to accept or reject it on judicial consideration, direct further investigation where the investigation is incomplete or unsatisfactory, or take cognizance under the Code if the facts disclose an offence. A protest petition may also be treated as a complaint and proceeded with according to law. The permissible judicial response is thus limited to actions authorized by the Code, not direction to alter the police report form. en-us Mon, 17 Apr 1967 00:00:00 +0530 Mon, 27 Jun 2016 15:40:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=183992 A Magistrate cannot compel the police to file a charge-sheet after a final report states that no case is made out, because the statutory opinion on whether material warrants trial belongs to the investigating officer. If the Magistrate disagrees with the final report, the proper courses are to accept or reject it on judicial consideration, direct further investigation where the investigation is incomplete or unsatisfactory, or take cognizance under the Code if the facts disclose an offence. A protest petition may also be treated as a complaint and proceeded with according to law. The permissible judicial response is thus limited to actions authorized by the Code, not direction to alter the police report form. Case-Laws Indian Laws Mon, 17 Apr 1967 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=183992