MATHUR, J.— This is a reference made by a learned Single Judge of this Court by order dated 23-1-1990 that whether the acceptance of the final report by the Magistrate amounts to Judicial order on an administrative order. In this connection, the learned Single Judge referred to two inconsistent judgments one in Dadam Chand, Vs. State of Rajasthan (1) and another view taken by Honble G.K.Sharma, J., as he then was, in Jawahara Ram Vs. The State (2). In view of the inconsistency in the two judgments referred to above, the learned Singh Judge referred the matter to Honble Chief Justice that let this controversy may be resolved by a larger bench. The Honble Chief Justice in turn sent this case to the Division Bench for resolving this controversy whether the order passed by the learned Magistrate accepting the final report amounts to judicial order or an administrative order.

2. Under Section 173 Cr.P.C. when police submits a report whether any offence is made out or not, it is open for the Magistrate that he can accept the police report or he can take cognizance under Section 190(1) (b) Cr.P.C. In any case he has to apply his mind and thereafter pass the order accepting or rejecting the

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