M.HIDAYATULLAH, C.A.VAIDIALINGAM
Abhinandan Jha: Roopchand Lal – Appellant
Versus
Dinesh Mishra: State Of Bihar – Respondent
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Judgement
VAIDIALINGAM, J.:- The common question, that arises for consideration, in these two criminal appeals, by special leave, is as to whether a Magistrate can direct the police to submit a charge-sheet, when the police, after investigation into a cognizable offence, had submitted a final report, under Section 173 of the Code of Criminal Procedure (hereinafter called the Code). There is a conflict of opinion, on this point, between the various High Courts in India. The High Courts of Madras, Calcutta, Madhya Pradesh, Assam and Gujarat have taken the view that the Magistrate has no such power, whereas the Patna and Bombay High Courts have held a contrary view.
2. In Criminal Appeal No. 218 of 1966, the respondent, Dinesh Mishra, lodged a first information report, on June 3, 1965, at the Rajoun Police Station, that he saw a thatched house, of one Uma Kant Misra, situated on the northern side of his house, burning, and the petitioners herein, running away from the scene. The police made an investigation and submitted what is called a final report , under Section 173 (1) of the Code, to the effect that the offence complained of, was false. The Sub-divisional Magistrate received this
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