๐ Narasingh Das Tadpadia v. Goverdhan Das Partani, AIR 2000 SC 2946
๐In the case of taking cognizance of an offence on a police report, the Magistrate is not bound by the opinion of the investigating officer and he is competent to exercise his discretion in this behalf irrespective of the view expressed by the police in their report and decide whether the offence has been made out or not. This is because the purpose of the report u/s.173(2) Cr.P.C. which will contain the facts discovered or unearthed by the police as well as conclusion drawn by the police there from, is primarily to enable the Magistrate to satisfy himself whether on the basis of the report and the materials therein, the case for cognizance is made out or not
๐In the case of taking cognizance of an offence on a police report, the Magistrate is not bound by the opinion of the investigating officer and he is competent to exercise his discretion in this behalf irrespective of the view expressed by the police in their report and decide whether the offence has been made out or not. This is because the purpose of the report u/s.173(2) Cr.P.C. which will contain the facts discovered or unearthed by the police as well as conclusion drawn by the police there from, is primarily to enable the Magistrate to satisfy himself whether on the basis of the report and the materials therein, the case for cognizance is made out or not
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