RAKESH vs STATE OF U.P.

The Supreme Court addressed whether a Magistrate can take action based on a protest petition after accepting a negative final report from the police under Section 364 IPC. The Court held that a Magistrate is not precluded from taking cognizance of a case upon a complaint even after rejecting a police report, thereby overruling the contrary view of the Patna High Court. The appeal was allowed, and the matter was remitted to the Chief Judicial Magistrate for disposal according to law.