STATE Vs. MOHD LATEEF DAR

JUDGEMENT

(1.) THIS Reference has been made by the Judicial Magistrate, Ist Class (Munsiff), Magam, which seeks directions in order to determine the following points: I/Whether the statement recorded under section 161 Cr.P.C. can be used for the purpose of ascertaining the truth and false -hood of the complaint and the investigating officer has the power to drop the charges under section 302, 307/RPC on the basis of statement recorded under section 161 Cr.P.C. II/Whether the investigating officer can play the role of judge and can pronounce the verdict on the truth or false -hood of the allegations leveled in the said complaint while exercising his discretion under section 169 Cr.P.C. III/Whether the investigating officer without obtaining further remand under section 167 Cr.P.C. in a murder case from a competent court can drop the charges against the accused persons and thereby release all of them on bail.

(2.) IT appears that the learned Magistrate has given the facts of the case and has also tried to frame his own opinion.

(3.) CONSIDERED . The High court is not an advisory body and it is not open to any Magistrate to refer any question of fact for the opinion of the High Court.