Vikas Chandra v. State of Uttar Pradesh & Anr.

Code of Criminal Procedure, 1973 – ss.173(2), 204 – FIR was registered u/s.306, IPC based on the orders of the High Court – Closure report was filed u/s.173(2) – Magistrate did not accept the closure report – In the protest petition filed by the appellant, Magistrate made an inquiry u/s.202, CrPC, and issued summons to respondent No.2 – Plea on behalf of respondent No.2 that though the Magistrate has the power to issue summons despite the fact that the Final Report filed u/s.173 (2) is a closure report in the case on hand, it was issued against respondent No.2 without satisfying the ground for proceeding further in the manner required under law: Held: Magistrate is not duty bound to accept the Final Report filed u/s.173 (2) and is jurisdictionally competent to take cognizance and issue summons despite the receipt of closure report following the prescribed procedure – Further, while conducting an inquiry, the Magistrate could go into the merits of the evidence collected by the investigating agency to determine whether there are sufficient grounds for proceeding. [Paras 8-10] Case Law Cited Union of India v. Prakash P. Hinduja & Anr. [2003] Suppl. 1 SCR 307 : (2003) 6 SCC 195; Bhagwant Singh v. Commissioner of Police & Anr. [1985] 3 SCR 942 : (1985) 2 SCC 537; M/s Pepsi Foods Ltd. & Anr. v. Special Judicial Magistrate & Ors. [1997] Suppl. 5 SCR 12 : (1998) 5 SCC 749; D.N. Bhattacharjee & Ors. v. State of West Bengal & Anr. [1972] 3 SCR 973 : (1972) 3 SCC 414; Mehmood Ul Rehman & Ors. v. Khazir Mohammad Tunda and Ors. [2015] 4 SCR 841 : (2015) 12 SCC 420; Bhushan Kumar & Anr. v. State (NCT of Delhi) & Anr. [2012] 2 SCR 696 : (2012) 5 SCC 424; Sunil Bharti Mittal v. C.B.I. [2015] 1 SCR 377 : (2015) 4 SCC 609; S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla & Anr. [2005] Suppl. 3 SCR 371 : (2005) 8 SCC 89; Smt. Nagawwa v. Veeranna Shivalingappa Konjalgi & Ors. [1976] Suppl. SCR 123 : (1976) 3 SCC 736; M. Vijayakumar v. State of Tamil Nadu [2024] 2 SCR 1054 : 2024 SCC OnLine SC 238; M. Mohan v. State represented by the Deputy Superintendent of Police [2011] 3 SCR 437 : (2011) 3 SCC 626; Madan Mohan Singh v. State of Gujarat & Anr. [2010] 10 SCR 351 : Vikas Chandra v. State of Uttar Pradesh & Anr. 1226 [2024] 2 S.C.R.