https://www.taxtmi.com/caselaws?id=311780 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. en-us Fri, 23 Jan 2009 00:00:00 +0530 Fri, 12 Jan 2024 11:28:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311780 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. Case-Laws Indian Laws Fri, 23 Jan 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=311780