RITA KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Medhi, learned Counsel for the petitioner and P.P. for the respondents.

(2.) On 14.10.97 Sri Utpal Baruah, Ushanagar, Tezpur filed an FIR stating inter alia that due to assurance given to him by Rita Kalita for marriage, he took her to Mallika Jewellery and gave 3 V, tolas gold for making ornament, but the gold ornaments were surreptitiouisly taken away by accused person. In this connection, police registered a case under G.R. No. 1310/97 and started investigation. Thereafter, the police submitted final report being No. 377/97 u/s 173, Cr.P.C. stating inter alia that the dispute between first informant and accused/petitioner arose on misunderstanding of fact. The learned Chief Judicial Magistrate, Sonitpur, however, did not accept the final report; on the contrary, it took cognizance of the case and transfer. The Additional Chief Judicial Magistrate issued bailable warrant of arrest against the accused petitioner. Hence, the present revision.

(3.) Mr. Medhi submits that once police submits final report, the Magistrate has no power to take cognizance of offence. In case he is not satisfied, with the report, he may direct the police to make further investigation as provided Sub-clause 8 of Sec. 173 Cr.P.C. There is no dispute at the bar that the Magistrate has power to direct for further investigation on the receipt of final report. The question, however, crops up of consideration is whether on submission of final report, the Magistrate can take cognizance of offence as provided Sub-clause 1(B) of Section 190, Cr.P.C. Sec. 190 Cr.P.C. 1(B) provides :