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1 - 10 of 40 (0.87 seconds)Section 170 in The Indian Penal Code, 1860 [Entire Act]
Section 173 in The Indian Penal Code, 1860 [Entire Act]
Section 190 in The Indian Penal Code, 1860 [Entire Act]
Section 169 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 157 in The Indian Penal Code, 1860 [Entire Act]
Section 170 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of Gujarat vs Shah Lakhamshi Umarshi And Anr. on 24 December, 1965
(b) such a power, in view of the scheme of
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676
Chapter XIV, cannot be inferred-vide Venkata Subha v
Anjanayulu(1); Abdul Rahim v. Abdul Muktadin(2); Aman
Premanand v. State(3); the majority view in A. K. Roy v.
State of W. B.(1); and Stale of Gujarat v. Shah
Lakhamshi(5).
A.K. Roy vs State Of West Bengal on 4 October, 1961
(b) such a power, in view of the scheme of
L7SUPCI/67 14
676
Chapter XIV, cannot be inferred-vide Venkata Subha v
Anjanayulu(1); Abdul Rahim v. Abdul Muktadin(2); Aman
Premanand v. State(3); the majority view in A. K. Roy v.
State of W. B.(1); and Stale of Gujarat v. Shah
Lakhamshi(5).
Ram Nandan vs State on 16 May, 1958
Or the other hand, the High Courts which have
recognised such a power, rest their decision again on two
grounds viz., (a) where a report is submitted by the police,
after investigation, the Magistrate has to deal with it
judicially, which will mean that where the report is not
accepted, the Magistrate can give suitable directions to the
police-, and (b) the Magistrate is given supervision over
the conduct of investigation by the police, and there ore,
such a power can be recognised in the Magistrate-vide State
v. Murlidhar Goverdhan(6); and Ram Nandan v. State(7).
Though it may be that a report submitted by the police may
have to be dealt with, judicially, by a Magistrate, and
although the Magistrate may have certain supervisory powers,
nevertheless, we are not inclined to agree with the further
view that from these considerations alone it can be said
that when the police submit a report that no case has been
made out for sending up an accused for trial, it is open to
the Magistrate to direct the police to file a charge-sheet.
But, we may make it clear, that this is not to say that the
Magistrate is absolutely powerless, because, as will be
indicated later, it is open to him lo take cognizance of an
offence and proceed, according to law. We do not also find
any such power, under s. 173(3), as is sought to be
inferred, in some of the decisions cited above. As we have
indicated broadly the, approach made by the various High
Courts in coming to different conclusions, we do not think
it necessary to refer to those decisions in detail.
It will be seen that the Code, as such, does not use the ex-
pression 'charge-sheet' or 'final report'. But it is
understood, in the Police Manual containing Rules and
Regulations, that a report by the Police, filed under s. 170
of the Code, is referred to as a 'charge-sheet'. But in
respect of the reports sent under s. 169, i.e., when there
is no sufficient evidence to justify the forwarding of the
accused to a Magistrate, it is termed variously, in
different States, as either 'referred charge', 'final
report', or 'Summary'.