BHAGWAN DASS Vs. STATE OF U P

JUDGEMENT

(1.) TO me it appears that the controversy in the instant case has to be interpreted keeping in view the observations of the Hon'ble the Supreme Court in Bhagwant Singh's case, reported in 1986 ACrR 26=1986 AWC 26. It may be useful to narrate here the controversy in brief which I formulate as under :

(2.) SO long as the judgment in Bhagwant Singh's case was not there it was not incumbent upon the Magistrate, to issue notice to the informant or hear the relatives of the deceased or the victim in case they appeared and opposed the acceptance of the final report forwarded by an Investigating Officer. No such choice now left with magistrate, Law of the land as declared by the Supreme Court is binding upon all courts in view of Article 141 of the Constitution of India. Therefore, the law as laid down in Bhagwant Singh's case that the informant must be given notice and heard before a final report sent by the Investigating Officer having investigated the said FIR is accepted, has to be obeyed by the courts.

(3.) ALLIED question, which then arises is that when first or the second or both out of the aforesaid three contingencies is or are resorted to, is the magistrate bound to follow procedure for the complaint cases ? Answer has to be emphatic 'NO'.