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B report is accepted and magistrate court allows further investigation


13-Jan-2026 (In Criminal Law)
Once B report filed by the police It is Accepted by Magistrate . then the same order he cannot overlook or change his own order and he allows for further investigation.
Answers (2)

Answer #1
561 votes
file a writ petition in high court to quash that order of further investigation and obtain a stay order on the operation and execution of the said order of magistrate, take immediate steps and do the needful for filing of writ petition
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Advocate Bharat Narasgouda

Adv. Bharat Narasgouda

LawRato Belgaum | 25+ Answers
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Answer #2
930 votes
In Indian criminal law, a Magistrate cannot generally overlook or change their own order once it has been signed, except to correct a clerical or arithmetical error. This principle is based on Section 362 of the Code of Criminal Procedure, 1973. However, the scenario you described involves the specific procedure after a police 'B' report is filed: When a police report (such as a 'B' summary report, indicating that a case is false or a civil dispute) is submitted, the Magistrate has several options: accept the report and close the case, disagree with it and order further investigation, or take cognizance of the offence based on the facts in the report. If a Magistrate initially accepts the 'B' report, that is an order disposing of the matter at that stage. The law generally holds that a criminal court cannot review or recall its own final orders.
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Advocate Dhruv. K

Adv. Dhruv. K

LawRatoBangalore / Bengaluru | 100+ Answers
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