https://www.taxtmi.com/caselaws?id=193591 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. en-us Tue, 16 Dec 2003 00:00:00 +0530 Tue, 08 Aug 2017 16:53:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=193591 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. Case-Laws Indian Laws Tue, 16 Dec 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=193591