STATE OF MYSORE Vs. GURAPPA

JUDGEMENT

(1.) This is a reference by the learned Second Addl. Sessions Judge, Gulbarga to quash the order dt.14th September 1972 by which the learned Magistrate. Shorapur, directed the Sub Inspector of Police, Kembhavi to submit a charge-sheet against the accused.

(2.) The facts are these:: One Bandappa of Kanhalli in Shorapur Taluk, Gulbarga District, filed a complaint in the Court of the JMFC., Shorapur against the accused alleging that he had committed an offence punishable under S.323 IPC. The learned Magistrate referred the complaint to the police under 3.156(3) CrlPC. Thp Sub Inspector of Police, after investigation submitted a 'B' report. The learned Magistrate, it appears, rejected the 'B' report and directed the Sub Inspector of Police to file a charge-sheet against the accused.

(3.) The question that arises for consideration is whether a Magistrate can direct the police to submit a charge-sheet when the police, after investigation, have submitted a final report.