JUDGMENT - (1) This reference raises a question of some importance about the jurisdiction of a magistrate to direct an investigation officer to submit a charge sheet when that officer in the investigation of a congnizable offence has not filed a charge sheet and has in submitting his report under S.173 of the Code of Criminal Procedure requested that Summary A, B, or C be issued.

(2) We may briefly set out the facts which give rise to this reference. Police constable Murlidhar Goverdhan Patel, attached to the Thana Prohibition Department, was foud drunk in the house of one Gunyabai, investigation was commenced in respect of this incident and a final report was submitted y the investigating officer to the judicial Magistrate F.C. Tnana, requesting that "A" summary be issued. The reasons in support of the request were:

1. That the accused was not found in personal possession of illicit liqour.

2. That there was also no evidene to show if he was ound drunk in a public place.

3. That the main witnesses in the case were interested against the prosecution and they may turn hostile because they were themselves prosecuted for an offcence under Prohibition Act.

4. That there was no eveidence to

Click Here to Read the rest of this document