April 15, 2019:
Supreme Court has held that a Magistrate has no power to direct filing of chargesheet if police files a closure report.
Justice Lalit speaking for a two judges bench has passed the order in case titled RAMSWAROOP SONI vs THE STATE OF MADHYA PRADESH on 08.04.2019.
In connection with a case filed against the appellant a Final Report under Section 173(2) of Cr.P.C. was filed submitting that no offence was found to have been committed by the appellant. The Magistrate while rejecting the closure report directed the SHO to file a chargesheet.
When the matter reached the Supreme Court, it observed “The law is well-settled that in case a final report is filed under Section 173(2) Cr.P.C. stating that no offence is made out against the accused, any of the three courses can be adopted by the Magistrate”.
The SC explained the available three courses and observed “The law is further well-settled that the judicial discretion to be used by the Magistrate at such stage has to fall in either of the three aforesaid categories”.
Finally the Supreme Court stated “In the present matter, the magistrate has issued directions directing the police to file charge-sheet under Section 326 and 294 IPC and also the provision of Section 3(1) and 10 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Such a direction is wholly unsustainable”.
Read the order here:
Picture Source :
