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Om Prakash Thakur vs The State Of Bihar on 2 August, 2018 cites

Bhagwat Singh vs Commissioner Of Police And Anr on 25 April, 1985

7. Mr. Jharkhandi Upadhayay, learned counsel for the State submitted that though the police, on completion of investigation, had found the case to be false, the Magistrate was not obliged to accept the police report. According to him, it would be evident from the pleading of the petitioner that on 24.08.2016, the petitioner was remanded to judicial custody in connection with a Patna High Court Cr.M isc. No.13720 of 2017 dt.02-08-2018 5 criminal case and he continued to be in jail in one case or the other till cognizance of the offences under Sections 182 and 211 of IPC was taken and the final report submitted by the police was accepted by the court. He contended that in such circumstances, it was not possible for the court to get the notice served upon the petitioner and, thus, the ratio laid down by the Supreme Court in Bhagwant Singh (supra) would not be applicable in the facts of the instant case. He argued that the cognizance has been taken against the petitioner under Sections 182 and 211 of the IPC in view of the fact that the Magistrate not only agreed with the police report but he also formed an opinion that the petitioner had lodged a false complaint.
Supreme Court of India Cites 7 - Cited by 176 - P N Bhagwati - Full Document
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