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1 - 10 of 19 (0.80 seconds)Section 190 in The Indian Penal Code, 1860 [Entire Act]
Satya Narain Musadi And Ors. vs State Of Bihar on 17 September, 1979
In view of the decision of the Supreme Court in Satya Narain Musadi & Others (supra), a police report under Section 173(2), unaccompanied by the documents under Section 173(5) of the Code, cannot be said to be a Police Report in the eye of law, being an incomplete report, as already indicated above. A Magistrate would be incompetent to take cognizance of an offence on such a Police Report as he would not be in a position to look to the documents, which are required to be accompanied by it, for the purpose of taking cognizance. As already noted above, the Police Report submitted in the relevant case before the learned Magistrate, admittedly, was not accompanied by the documents under Section 173(5) of the Code. The learned Chief Metropolitan Magistrate, Calcutta, was not, therefore, justified in taking cognizance of the alleged offence on the basis of such incomplete report. The cognizance taken by him by his impugned order dated 9th November, 1991, cannot thus be said to be according to law, and is liable to be quashed.