April 16, 2019
In this recent case, the Supreme Court has reiterated that the Magistrate cannot direct filing of charge sheet when the case is presented for order on closure report.
Case name: Ramswaroop Soni v. The State of Madhya Pradesh & anr.
The seminal issue arose in the instant case on account of the fact that the magistrate had issued directions to the Police to file charge-sheet during case fixed for order on closure report. The Two-Judge Bench of the Supreme Court in view of settled legal principles governing the law held that such a direction on unsustainable in law. The Bench further made following observations in the case:
That when a final report is filed stating that no offence is made out against the accused then the Magistrate can adopt any of the following courses:
(a) He may accept the report which was filed by the police in which case the proceedings would stand closed.
(b) He may not accept the report and may take cognizance in the matter on the basis of such final report which was presented by the police.
(c) If he is not satisfied by the investigation so undertaken by the police, he may direct further investigation in the matter.
Hence, in view of the aforesaid settled law, the Apex Court held that the Magistrate’s direction at this stage was not legally sustainable.
The entire case can be accessed here.