Can a judge reject the final report submitted by police

My wife filed a false dowry case on me. Police has filed final report in the court stating that no crime occurred. I just want to ask:- 1. Does the lower court has power to reject this report by its own or the only way is when opposite party files protest petition. 2. If opposite party files protest petition, Judge can use his discretion or solid proof will be required to reopen the case and begin the trial. They dont have any solid proof as the case is fake. What should I do next. Wait for protest petition or can do something myself to get it closed asap?

Answers (4)

127 votes

the reply to the first query is that yes the magistrate is competent enough to reject the final report contemplated under section 169 of Cr.p.C. and he is not bound by the conclusion drawn by the investigating officer. The avenues open to the magistrate on a final report is that
1- he may reject the final report filed by I.O.
2- he may directly summon the accused persons on the basis of the material collected by the investigating officer.
3- he may reject the final report and direct the I.O. to investigate further, and lastly
4- he may issue notice to informant/complainant.
As far as strong proof is require, it has no play when the magistrate has to take cognizance and summon the accused because at this stage he has to see only whether the prima-facie case is made out against the accused to proceed or not.
And now your last query-
At this juncture you don't have any locus to appear or intervene in the proceedings.

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259 votes

Judge has full power to reject the final report it's fully depends upon the judge discretion, judge can reject the final report directly as well as on the protest application if the complainant. Judge can not admit the final report with out given the proper opportunity of hearing to the complaint.

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225 votes

Dear one, if police has filed the final report in the court and the opposite party didn't satisfy with that report than he can present his objection for that final report in the court and court if feel right than return that final report for a review or to invest that crime by any other investigation offficer.

295 votes

Dear owner the matter of dowry is quite critical getting judgemental and asking such questions will not solve your problem.. Kindly consult the lawyer immediately for reopening of the case with all evidence in line

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