Supreme Court of India
Chittaranjan Mirdha v. Dulal Ghosh and Anr.
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From the headnote
Code of Criminal Procedure, 1973 - ss. 173(2) and 190(1 )(b) - Report of police officer on completion of c investigation - Report forwarded to Magistrate - Functions and obligation of the Magistrate - Requirement of notice to informant - Held: Upon receipt of a police report under s.173(2), a Magistrate is entitled to take cognizance of an offence under s.190(1)(b), even if the police report is to the effect that no case is made out against the accused - The informant is not prejudicially affected when the Magistrate decides to take cognizance and to proceed with the case - But where the
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