SOHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure ('Cr.P.C.' for short) for quashing the order dated 3.7.2014 passed by Judicial Magistrate 1st Class, Hoshiarpur.

(2.) The Hon'ble Supreme Court in the case of Abhinandan Jha has dealt with the aforesaid issue in detail. Para 17 of that judgment is extracted as under:-

(3.) Still further, Section 190(c) of the Code of Criminal Procedure enables the concerned Magistrate to either accept the report and take cognizance of the offence and issue process or may disagree with the report to drop the proceedings or may direct further investigation under Section 156(3) Cr.P.C. and require the police to make a further report. Hence, Section 190 Cr.P.C., which deals with powers of Magistrate to take cognizance, does not empower the court to compel the police to form a particular opinion, on the investigation and to submit a report, according to such opinion formed by the Magistrate. The Hon'ble Supreme Court in the case of Abhinandan Jha (supra) has held that this would amount to encroaching on the sphere of the police and compelling the police to form an opinion so as to be in accord with the decision of the Magistrate. Such a function has been left to the police under the code.