A magistrate cannot order the police to file charge sheet after receiving a closure or refer report, emphasized the Supreme Court of India. A criminal case filed against the accused charged under Section 326, 294 of the Indian Penal Code and Section 3(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, thereafter, under Section 173(2) of Code of Criminal Procedure a final report was filed before the court and was found out that accused was innocent.
Although, the Central Judicial Magistrate (CJM) discovered that there was sufficient evidence on record to file charge sheet against the accused and rejected the closure report. Further, the court ordered the police to file a charge sheet against the accused.
The apex court said that such a direction wholly unsustainable in an appeal filed by the accused. It further observed that judicial discretion can be categorized under the given heads:
- The court could accept the report submitted by the police, in result the proceedings would stand closed.
- Another scenario could be wherein the court may not accept the report and take cognizance based upon the final report given by the police.
- In case the court is not satisfied with the investigation, it can ask for further investigation in the matter by the police.
The bench set aside the order given by the CJM and the matter was readmitted for fresh consideration.