In Brief
In this criminal appeal, the Supreme Court examined the permissible scope of a Magistrate's powers when considering a police closure report filed under Section 173(2) Cr.P.C. The appellant faced charges under IPC sections 326, 294 and the SC/ST (Prevention of Atrocities) Act, 1989. Police filed a closure report stating insufficient evidence. The Magistrate, noting the complainant's objection and reviewing the case diary, directed police to file a charge-sheet. The Supreme Court held this direction was legally unsustainable. A Magistrate has only three permissible options: accept the closure report, take cognizance despite it, or order further investigation. Directing a charge-sheet falls outside these categories. The Court allowed the appeal and remitted the matter for fresh consideration.
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