Team  SoOLEGAL

MAGISTRATE CANNOT DIRECT THE POLICE TO FILE CHARGE SHEET ON RECEIPT OF CLOSURE REPORT: Supreme Court

Team SoOLEGAL 16 Apr 2019 2:07pm

MAGISTRATE CANNOT DIRECT THE POLICE TO FILE CHARGE SHEET ON RECEIPT OF CLOSURE REPORT: Supreme Court

A criminal case was filed against the accused for the offences punishable under Section 326, 294 of the Indian Penal Code and Section 3(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, a final Report under Section 173(2) of Code of Criminal Procedure. It was filed before the Chief Judicial Magistrate. It was submitted that no offence was committed by the accused.

But, it was observed by the CJM that enough evidence is available against the accused to make him liable and hence a chargesheet should be filed against him. The closure report which was submitted was subsequently rejected by the CJM. He also directed the police to submit the prepared chargesheet before the Court. An appeal was filed by the accused in Ramswaroop Soni vs. State of MP.

The Supreme Court bench comprising of Justice Uday Umesh Lalit and Justice Indu Malhotra while setting aside the order of the CJM, stated that such a direction is wholly unsustainable. 
It was observed by the bench that the judicial discretion to be used by the Magistrate at such stage shall fall in either of the following three categories:

·         He may not accept the report and may take cognizance in the matter on the basis of such final report which was presented by the police. 

·         If he is not satisfied by the investigation so undertaken by the police, he may direct further investigation in the matter.

He may accept the report which was filed by the police in which case the proceedings would stand closed.



Tagged: Supreme Court   Magistrate   Chargesheet  
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