Case Name : Bhagwat Singh vs Commissioner of Police and Anr Case Reference: (1985) 3 SCR 942 : (1985) 2 SCC 357 Neutral Citation: Case Number: Contempt Petition 4998/1983 in Crl Writ Petition 6607/1981 Court: Supreme Court Bench: 03 Coram: PN Bhagwati (Author), Amarendra Nath Sen, DP Madon Date: 25.04.2021
When the police files a chargesheet, the Magistrate can: 1. Accept the report, take cognizance of the offence and issue process; 2. Disagree with the report and drop the proceeding; 3. Direct further investigation under 156(3)
If the police files a closure report, the Magistrate can: 1. Accept the report and drop the proceedings; 2. Disagree with the report and take the view that there is sufficient ground for proceeding further, take cognizance of the offence and issue process; 3. Direct further investigation under 156(3)
In either case, if the Magistrate decides to drop the proceedings for whatever reason, the Magistrate must give notice to the informant and provide him an opportunity to be heard at the time of consideration of the report
Refer also:
Judgment name
See also: CrPC - Section 154
PDF: Bhagwat Singh vs Commissioner of Police, (1985) 3 SCR 942.pdf