A Magistrate is required to consider all police reports, including supplementary reports, before making decisions on charges, ensuring procedural fairness in criminal proceedings.

JUDGMENT :

ANIL KUMAR-X, J.

1. Heard learned counsel for the appellants and Sri Amrit Raj, learned AGA for the State.

2. None appeared on behalf of the respondent even in the revised call.

3. The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to allow this present appeal and set aside the impugned order dated 21.08.2024, 27.06.2024 and 10.05.2024 and all other consequential orders also passed by Special Judge SC/ST Act, District-Kannauj in S.C. No. 1374/2023 ( State Vs. Sonu @ Bhagwan Bhakt and others ) arising out of Case Crime No.627/2023 U/s 147, 452, 323, 504, 506 I.P.C. and 3 (1)(d) SC/St Act, Police Station-Kotwali Kannauj District-Kannauj.

4. Before embarking upon the above framed legal question, it will be expedient to refer proceedings of the case under challenge. An FIR in Case Crime No. 627 of 2023, under Section 147, 452, 323, 504, 506 IPC and 3(1)(d) SC/ST Act, P.S. Kotwali, District Kannauj was lodged against the appellants. Matter was investigated and I.O. submitted charge sheet against appellants on 15.9.2023. Learned court took cognizance over the said charge sheet on 21.12.2023. As the investigation was still under progress, supplementary report under Section 173(2) Cr.P.C. was submitted by I.O. on 31.3.2024 by concluding that allegations against the appellants were found false. It can be said that a final report was submitted by I.O. subsequent to the order of taking cognizance upon the charge sheet on 21.12.2023.

5. Learned counsel for the appellants submitted that court, after taking cognizance upon the charge sheet on 21.12.2023, framed charges against the appellants on 7.8.2025. It was submitted that proceedings under Section 228 Cr.P.C. were carried without considering the final report submitted on 31.3.2024. Learned counsel submitted that it was incumbent for the court to pass appropriate orders on final report dated 31.3.2024 before framing charges against the appellants on 7.8.2025.

6. Sri Amrit Raj, learned AGA has conceded to the facts disclosed by counsel for the appellants.

7. In light of the submissions made by learned counsel, a short question which arises for consideration in this appeal is:-

"What is the legal procedure and the nature of the judicial order to be passed by a Magistrate under the Code of Criminal Procedure when, following the cognizance of an initial charge sheet, a subsequent 'Final Report' (negative report) is submitted after further investigation conducted under Section 173(8)?"

8. Before expressing any opinion upon the above question, it will be appropriate to ponder upon the procedure provided by the Cr.P.C. regarding the powers which a Magistrate is bound to exercise after submission of report under Section 173 (2) Cr.P.C.

9. Upon the procedure to be adopted by Magistrate after submission of a police report (formerly under Section 173 of the Cr.P.C., now governed by Section 193 of the BNSS). Magistrate has several distinct options upon submission of police report and those options are summarized below:-

1. Accept the Report and Take Cognizance If the report (charge sheet) indicates that an offence has been committed, the Magistrate may:

• Take Cognizance: Act upon the facts disclosed in the report and issue a process (summons or warrant) to the accused.

• Independent Review: The Magistrate is not legally bound by the police report. Even if the police submits Final Report because of "insufficient evidence", the Magistrate may still take cognizance if he finds that the records actually disclose a prima facie offence.

2. Reject the Report (Closure or Final Report)

A. If th