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Abhinandan Jha & Ors vs Dinesh Mishra(With Connected Appeal) on 17 April, 1967

In Abhinandan Jha v. Dinesh Misra A.I.R. 1938 S.C. 177. there were two criminal appeals which were heard together, in both of them, the police had submitted final report. Before the submission of the final report, the informants in both the cases had filed protest petitions challenging the correctness of the report submitted by the police. The Magistrate, after perusing the police diary and hearing the Counsels, had directed the police to submit charge sheets against the accused persons. The order passed-by the Magistrate calling for a charge-sheet was challenged on the ground that the Magistrate had no power to call for the charge-sheet although he could direct further investigation to be made by the police. It was also urged that the Magistrate could treat the protest petition as complaints and take cognizance of the offence and proceed according to law. In both the cases it was found that there was nothing to show that the protest petitions filed by the informants had been treated as complaints. In paragraph 21, it was observed as follows: -
Supreme Court of India Cites 44 - Cited by 586 - C A Vaidyialingam - Full Document
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