Summoning after final report

Querist : Anonymous (Querist) 18 December 2010 This query is : Resolved
Accused was not named in FIR. Police submitted final report against him u/s 173(2). But the magistrate did not accept the final report and issued process against said accused. Is course of action taken by the Magistrate legal ? Whether accused has right to be discharged on the ground that police did not found any incriminating material against him ?

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Devajyoti Barman (Expert) 18 December 2010
There is no illeality in the order of the Mafistrate. After the submission of the Fnakl Report, the maistrate can either accept it or direct the police to reinvestigate or to turn the case into a complaint case.

SAANJAAY GUPTAA (Expert) 19 December 2010
No, magistrate may ask for the reinvestigation of the case if doubted on the investigation done by the earlier I.O.

s.subramanian (Expert) 19 December 2010
Magistrate can send summons to any person suspected to be involved in the commission of the offence even though not arrayed an accused by the police.Such powers are conferred by Sec.319 of Cr.P.C.

Guest (Expert) 19 December 2010
(1) The magistrate's action is wholly illegal. The magistrate can order re-investigation if at all he is not satisfied with the Final Report, and the investigation is within the province of the I.O.
(2) S.319 comes into play only after commencement of trial, his name is uttered by any witness in the case. But here the trial has not commenced at all, hence s.319 Cr.P.C. has no application.

Advocate. Arunagiri (Expert) 19 December 2010
S.319 is applicable.

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