STATE OF MAHARASHTRA Vs. MURLIDHAR GOVARDHAN

JUDGEMENT

(1.) This reference raises a question of some importance about the jurisdiction of a magistrate to direct an investigation officer to submit a charge sheet when that officer in the investigation of a congnizable offence has not filed a charge sheet and has in submitting his report under S.173 of the Code of Criminal Procedure requested that Summary A, B, or C be issued.

(2.) We may briefly set out the facts which give rise to this reference. Police constable Murlidhar Goverdhan Patel, attached to the Thana Prohibition Department, was foud drunk in the house of one Gunyabai, investigation was commenced in respect of this incident and a final report was submitted y the investigating officer to the judicial Magistrate F.C. Tnana, requesting that "A" summary be issued. The reasons in support of the request were:

(3.) Against this order a reision application was preferred by the State to the Court of Session at Thana. the learned Sessions Judge has made a reference to this court recommending thatthe order of the trial Magistrate be set aside and in the alternative, "C" summary be granted on the repot made by the Investigating officer.