Summoning after negative report u/s 202 of crpc

pun (Querist) 03 March 2014 This query is : Resolved
Hello members,

In my personal complaint u/s 500 IPC, the court had referred the matter to police u/s 202 of crpc. however police after coming inclusion with accused persons, submitted a. false and negative report against me. now the matter is fixed for consideration on the issue of summoning of accused. can court ignore the report of police and summon the accused. If yes, then please tell latest citations.

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ajay sethi (Expert) 03 March 2014
we dont provide citations . for citations search in Indian kanoon .com website .

the magistrate can ignore report and issue summons to accused .

ajay sethi (Expert) 03 March 2014
M/s India Carat Pvt.Ltd. vs State of Karnataka & anr.", (1989) 2 Supreme Court Cases 132 . In that case also the police had registered an FIR on receipt of a complaint directly from the complainant and not through any Magistrate under Section 156(3) Cr.P.C., as is the fact situation CRL. REV. P. Nos. 683-84/2010 Page 5 of 8 in the case in hand also, and after completing the investigation the police had submitted a closure report, as is also the situation in the present case. The Supreme Court held that the Magistrate at that stage could either straightway summon the accused disagreeing with the report of the police or even the procedure under Section 200 Cr.P.C. could also be adopted by calling upon the complainant to adduce evidence in support of the complaint even when no private complaint had been filed in Court and the investigation had not been carried out by the police pursuant to the direction of the Magistrate under Section 156(3) Cr.P.C. The relevant observations of the Supreme Court in the said judgment are reproduced below:

"16. The position is, therefore, now well settled that upon receipt of a police report under Section 173(2) a Magistrate is entitled to take cognizance of an offence under Section 190(1)(b) of the Code even if the police report is to the effect that no case is made out against the accused. The Magistrate can take into account the statements of the witnesses examined by the police during the investigation and take cognizance of the offence complained of and order the issue of process to the accused. Section 190(1)(b) does not lay down that a Magistrate can take cognizance of an offence only if the investigating officer gives an opinion that the investigation has made out a case against the accused. The Magistrate can ignore the conclusion arrived at by the investigating officer; and independently apply his mind to the facts emerging from the investigation and take cognizance of the case, if he thinks fit, in exercise of his powers under Section 190(1)(b) and direct the issue of process to the accused. The Magistrate is not bound in such a situation to follow the procedure laid down in Section 200 and 202 of the Code for taking cognizance of a case under Section 190(1)(b) though it is open to him to act under Section 200 or Section 202 also