P.N.Bakshi, J. - (1.) This application under Section 482, Cr.P.C. arises in the following circumstances. It appears that a report was lodged at the Police Station Kanuj and registered as Crime No. 365 of 1977 under Section 307 Indian Penal Code against the accused. Investigation was conducted and police submitted its final report. The Magistrate did not accept this report and passed the following order on 29th May, 1977. "Register. Prepare copies. Issue Summons to the accused persons fixing 16-6-1979 for appearance." Aggrieved thereby the instant application has been filed under Section 482, Cr.P.C.
(2.) I have heard learned Counsel for the parties and have also perused the impugned order.
(3.) Learned Counsel for the applieant has argued that a Magistrate is bound in law to accept the final report, which is submitted to him by the Investigating Agency under Section 173(3), Criminal P. C. To my mind the Expression "Final Report" has been misunderstood as a report whereby the police merely recommends the dropping of proceedings. If Section 173, Cr.P.C. is considered in detail, one would find that under Sub-clause (2) of that Section seven particulars are required to be given, which have been shown as Sub-clauses (2)(i)(a) to (g). This indicates that all these details must be given in the final report, so that the the Magistrate may apply his own mind on the question, before he accepts the report, or refuses to accept it, Merely because the Investigating Agency expresses an opinion in that report, that it is not a fit case where cognizance should be taken by the Magistrate under Section 190, Cr.P.C. is by itself no ground for drawing the inference that, that opinion alone must be taken into consideration as final and the Magistrate must completely shut his eyes to all the rest of the details, which have been embodied in the final report, as required under Section 173(a) to (g).;