Cognizance on protest petition

Querist : Anonymous (Querist) 19 December 2010 This query is : Resolved
Can cognizance u/s 190 (1)(b) be taken on on the basis of protest petition when the magistrate rejected the final report?

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SAANJAAY GUPTAA (Expert) 19 December 2010
yes. it can be taken by the magistrate.

s.subramanian (Expert) 19 December 2010
Yes. The magistrate is vested with such discretion.

Advocate. Arunagiri (Expert) 19 December 2010
Yes. Even if the police is filing a negative final report, the magistrate is not bound by the report, he can ignore it and take the case on file u/s 190 (1)(b).

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