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april 1967

Supreme Court of India · 1967-04-17

ABHINANDAN JHA & ORS. vs DINESH MISHRA(With Connected Appeal)

Citation / case number
SC 1966/60543
Court
Supreme Court of India
Petitioner
ABHINANDAN JHA & ORS.
Respondent
DINESH MISHRA(With Connected Appeal)
Author
C.A. VAIDYIALINGAM
Bench
C.A. VAIDYIALINGAM

Judgment text excerpt

The Supreme Court held that a magistrate does not have the power to direct the police to submit a charge-sheet after the police report under Section 169 of the Code of Criminal Procedure (Cr.P.C.) indicates no case against the accused. The Court clarified that while a magistrate can take cognizance under Section 190(1)(c) if he disagrees with the police report, he cannot compel the police to file a charge-sheet, as the decision to do so rests solely with the police. This ruling emphasizes the autonomy of the police in determining the sufficiency of evidence in cognizable offences.

ABHINANDAN JHA & ORS. vs DINESH MISHRA(With Connected Appeal) · Niyam