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Magistrate can charge-sheet a person after police report: HC
Dr. Justice B Siva Shanker Rao of the High Court at Hyderabad ruled that a magistrate is bound to consider the final report of the police and can proceed to charge-sheet a person even if exonerated by the investigating agency. The judge was dealing with a revision petition filed by various accused in a dowry prohibition case.
Dr. Justice B Siva Shanker Rao of the High Court at Hyderabad ruled that a magistrate is bound to consider the final report of the police and can proceed to charge-sheet a person even if exonerated by the investigating agency. The judge was dealing with a revision petition filed by various accused in a dowry prohibition case.
The complaint was filed against the husband and members of her family. The investigating agency filed a charge-sheet against only one member and non charge sheeted the other members of the family. The role of the magistrate was spelt out in the context by the judge.
“The Learned Magistrate is required by this order to subserve the ends of justice to record afresh the sworn statements of the defacto complainant and other witness present or on being summoned for the said purpose and then decide on merits for taking cognizance against the other accused”.
