POWERS OF MAGISTRATE

UPON RECEIVING FINAL

REPORT
Powers of Magistrate upon receiving final report

After registering the FIR and completion of the investigation, a final report is submitted
by the police in the court u/s 173 Cr.P.C. An investigation may result in finding whether
the accused person has committed a crime or not. If the police submits a report that the
accused has not committed any crime then they will submit a negative report that is
also called a Final report. However, if a positive report is submitted by the police then it
is called a charge sheet in practice.

Courts have wide discretionary powers at this stage. If the magistrate is satisfied with
the report then he can discharge an accused on a negative report and if there is a
positive report, he can take cognizance and initiate the proceedings.

However, the magistrate is not bound to accept the conclusion in the report submitted
by the police u/s 173 Cr.P.C. as it is. If the police have submitted a negative report
stating that investigation has not revealed commission of an offence, still the magistrate
can take cognizance of the offence provided that there must be sufficient prima facie
evidence on the record to show that the offence was committed.

Similarly, on receipt of the charge sheet, instead of taking cognizance, the magistrate
may discharge an accused if there is no sufficient grounds on the record showing prima
facie evidence regarding the commission of an offence.

If the police has filed a report that investigation has not revealed any offence, then the
complainant can also file a protest petition against the report in the court. The
magistrate can order further investigation u/s 173 Cr.P.C. or he may record statements
of the complainant and his witnesses u/s 200 and 202 and may dismiss a complaint u/s
203 (if there is no sufficient ground of proceeding), or he can take the cognizance and
commence the trial if there are sufficient grounds of proceeding.

Thus, we can say that on receiving the police report the magistrate has the following
powers:

1. When a person has lodged an FIR

a. When the police have submitted FIR:

i. The magistrate can accept it and discharge the accused or

ii. The magistrate may reject it and ask the police to conduct further
investigation and submit the report to the magistrate.

iii. The magistrate may reject to accept it and directly take cognizance
on the basis of the facts and evidence on the record.

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Powers of Magistrate upon receiving final report

b. When the police have submitted a charge sheet

i. The magistrate can accept it and start a proceeding against the

accused after taking cognizance.

ii. The magistrate can reject it and ask the police for further
investigation.

iii. The magistrate can reject it and discharge the accused person if
there is no sufficient evidence against him.

2. If the police refuse to lodge an FIR and a complaint has been filed by a person
and the magistrate has given orders to the police to conduct investigation u/s
156(3)

a. When the police submits an F/R, a protest petition is filed by the

complainant and magistrate records statements of the complainant and
his witnesses u/s 200 and 202 Cr.P.C.

i. If the magistrate is of opinion that there are sufficient grounds for

proceeding against the accused, he will initiate the proceedings u/s
204 Cr.P.C.

ii. If the magistrate is of opinion that there are no grounds for

proceeding against the accused, he will dismiss the complaint u/s
203 Cr.P.C.

b. When police submit an FIR and no protest petition is filed by the

complainant

i. If the magistrate agrees with the report and is of the opinion that
there are no grounds to proceed against the accused, the court
can accept the report and dismiss the complaint.

ii. If the magistrate is of opinion that there are sufficient grounds to

proceed against the accused, he can examine the complainant and
his witnesses and may accept or reject the complaint after
considering facts on record.

c. If the police submit a charge sheet

i. He can accept the charge sheet and start proceedings against the
accused.

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Powers of Magistrate upon receiving final report

ii. The court can reject the report and discharge the accused if
sufficient grounds of proceeding are not present on record to
proceed against the accused.

3. If the police refuse to lodge an FIR and a complaint has been filed by a person,
the magistrate may straight away examine the complainant and his witnesses
u/s 200 and 202 Cr.P.C. and either accept the complaint and proceed against the
accused u/s 204 or dismiss the complaint u/s 203 Cr.P.C.

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