NIRMAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS Criminal Revision, as usual, came up for hearing before a learned Judge of this Court.

(2.) AT the time of hearing it appears to have been urged by the learned Counsel for the parties before the learned Single Judge that in this case it is necessary to decide whether a Magistrate while accepting a final report under Section 169 of the Cr. P. C. 1898 (hereinafter referred to as the Code) functions as a Court. Contrary views have been expressed in two different cases by two learned Judges of this Court on this question. In Sheo Bilas v. State it was observed: (at p. 3 of Cri. L. J.) A final report under Section 169 is certainly submitted to a Magistrate for approval but the Magistrate at that stage is not functioning as a Court but is functioning only as a Magistrate. Another learned Judge of this Court observed in Nand Singh v. Sardar Singh 1964 All Cri C 22 that a Magistrate while accepting a final report functions as a Court. In view of these contrary decisions, the following question has been framed and referred to us by the learned Single Judge for an answer:

(3.) WE would like to split up the question in two parts: first we would like to deal with the question :