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.