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Gangadhar Janardan Mhatre vs State Of Maharashtra And Ors on 28 September, 2004 cites

Bhagwant Singh vs Commissioner Of Police, Delhi on 6 May, 1983

Therefore, the stress is on the" issue of notice by the Magistrate at the time of consideration of the report. If the informant is not aware as to when the matter is to be considered, obviously, he cannot be faulted, even if protest petition in reply to the notice issued by the police has been filed belatedly. But as indicated in Bhagwant Singh's case (supra) the right is conferred on the informant and none else.
Supreme Court of India Cites 10 - Cited by 374 - R S Pathak - Full Document

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

In Abhinandan Jha and Another v. Dinesh Mishra, AIR(1968) SC 117, this Court while considering the provisions of Sections 156(3), 169, 178 and 190 of the Code held that there is no power, expressly or impliedly conferred, under the Code, on a Magistrate to call upon the police to submit a charge sheet, when they have sent a report under Section 169of the Code, that there is no case made out for sending up an accused for trial. The functions of the Magistracy and the police are entirely different, and the Magistrate cannot impinge upon the jurisdiction of the police, by compelling them to change their opinion so as to accord with his view. However, he is not deprived of the power to proceed with the matter. There is no obligation on the Magistrate to accept the report if he does not agree with the opinion formed by the police. The power to take cognizance notwithstanding formation of the opinion by the police which is the final stage in the investigation has been provided for in Section 190(l)(c).
Supreme Court of India Cites 44 - Cited by 586 - C A Vaidyialingam - Full Document
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