Final report under section 173(2) say no offence, can magistrate suo motu cognizane & issue process

Mrahi (Querist) 28 February 2013 This query is : Resolved
Final report under Section 173(2) is filed by police who have vested interest with the accused. The report filed by police is not to take cognizance of the offence and to drop the proceeding as complaint is false.

can magistrate suo motu take cognizance and issue process to accused.

Is the power of the Magistrate restricted to order issue process only on the basis of the objection/protest petition by the complainant or magistrate can suo motu issue process ?

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Arvind Singh Chauhan (Expert) 01 March 2013
Magistrate may take cognizance if satisfied with the material available on record.

Raj Kumar Makkad (Expert) 01 March 2013
Complainant is called in such situation and on his statement the case is treated as a private complaint and accordingly the same is dealt with.

Rajeev Kumar (Expert) 01 March 2013
Agree with Makkad sir.

Arun Kumar Bhagat (Expert) 29 March 2013
In Aarushi-Hemraj Murder case, CBI filed closure report but the Magistrate took cognizance and issued process which ultimately went upto Supreme Court.

ajay sethi (Expert) 29 March 2013
agree with Mr bhagat

Ms.Usha Kapoor (Expert) 27 June 2018
I agree with Mr.Bhagat.

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