Supreme Court · 1967 INSC 112 · Decided 17 April 1967

Abhinandan Jha & ORS. v. Dinesh Mishra

Court
Supreme Court of India
Citation
1967 INSC 112 · [1967] 3 S.C.R. 668
Case number
CRIMINAL APPEAL No. 218/1966
Decided
17 April 1967
Bench
M. HIDAYATULLAH, C.A. VAIDYIALINGAM (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 366; CrPC Section 169, 170, 173

Headnote

Code of Criminal Procedure (Act S of 1898), ss. 169, 170, 173 and ·190(1)-Report ·tc police of cognir.able offence-Report by police to magistrate after investigation that offence not made out-If magistrate can direct police ro file charge-sheet. On the question whether a magistrate into a cognizable offence, had sublllltted a report of the action taken under s. 169, Cr. P.C., that there was no case made out for sending up the accused for trial, HELD : There was no such power conferred on a magistrate either expressly or by implication. When a cognizable offence is

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