The acceptance of the final report by the Judicial Magistrate is not a judicial act but an administrative one. It does not bar the Magistrate from proceeding on the basis of a fresh complaint filed by the informant or complainant.

1. - This revision petition is directed against the order of (he Judicial Magistrate (2), Jaipur City, Jaipur, dated 22-6-84 whereby he accepted the final report submitted under Section 173 Cr.PC by the police in the case registered on FIR No. 98/84 at the Police Station, Kotwali, Jaipur on 6-3-84.

2. Briefly stated the facts of the case are that the petitioner is the father of late Smt. Anita, who died of the injuries sustained by burns. The petitioner suspected it a case of murder and as such he lodged a report at P.S., Kotwali, Jaipur on 6-3-84 on which the above noted Criminal case No. 98/84 was registered under Section 302/34, IPC. The police after investigation submitted a report under Section 173, Cr.PC which was accepted by the Judicial Magistrate by his order under revision.

3. At the very outset a query was made to the learned Counsel for (he petitioner;(l) whether the order under revision is revisable or not; and (2) whether the order of the learned Magistrate dated 22-6-84 is a judicial order or not. The learned Counsel for the petitioner submitted that the order under revision is a judicial order.

4. In the case of Pukhraj v. Sheeshmal, AIR 1961 Raj. 231 the learned Judge of this Court observed as under:

"When a report is made to the police charging any person to the commission of the offence and the police after investigation finds that the report is false and gets the report cancelled under the provisions of Section 173 Cr.PC the Magistrate receiving the information and accepting it does not act as a Court and the act of a Magistrate in accepting the police report does not give rise to judicial proceedings. The offence of false charge preferred against the information in respect of such report cannot be in relation to proceedings of a court and a complaint of the court is not necessary for his prosecution under Section 211 IPC.

5. In the light of aforesaid observations, the acceptance of the final report by the Judicial Magistrate is not a judicial act and it is merely an administrative act of the Magistrate. Acceptance of the police report or taking cognizance of an offence under Section 190, Cr.PC are two inconsistent alternative courses which may be adopted by the Magistrate. The Magistrate accepting the police report and omitting to proceed under Section 190 Cr.PC does not mean that the Magistrate has taken cognizance of the case. In case the report under Section 73, Cr.PC is accepted by the Magistrate, I am of the opinion that the informant or the complainant is at liberty to file a fresh complaint before the Magistrate and the Magistrate can proceed on the basis of that complaint and the order of accepting the final report cannot be termed as a bar for the Magistrate to proceed, on the basis of that complaint. Even not police has a right to reopen the investigation even after filing the report under Section 173 Cr.PC which has been accepted by the Magistrate, because there is no bar for filing a supplementary report as against the same accused persons. Under Section 173(2)(ii), Cr.PC it has been made obligatory on the part of the officer making a report under Section 173 Cr.PC that officer shall also communicate in such manner as may be prescribed by the State Government the action taken by him to the person if any by whom the information relating to the commission of offence was first given. This clause has been provided in order to facilitate the informant to take any further action against the report and that action can be of filing a fresh complaint before the Magistrate having jurisdiction of the case. In the case (supra) the learned Judge further observed that the proceedings under Section 173 Cr.PC before a Magistrate are not judicial proceedings. Further these proceedings are incidental and it would not be proper to hold that on account of these proceedings an offence of false charge under Section 211 Indian Penal Code or false information should be deemed to have been committed in relation t