Bhagwant Singh vs Commissioner Of Police, Delhi on 6 May, 1983
Counsel for the petitioners has relied upon the law laid down in
Bhagwant Singh vs. Commissioner of Police and another, (1985) 2 SCC,
537, wherein the Hon'ble Supreme Court has held that in case on
submission of report under Section 173 (2) (i) Cr.P.C., the Magistrate is not
inclined to take cognizance of the offence and issue process, the informant
must be given an opportunity of being heard so that he can make his
submissions to persuade the Magistrate to take cognizance of the offence
and issue process.