Can a Magistrate order the police to file a chargesheet after a final report?

No. The Supreme Court held a Magistrate cannot compel a chargesheet after police file a final report under Section 173 CrPC.

What can a Magistrate do instead?

The Magistrate may accept the final report, order further investigation, or take cognizance on a proper complaint—without forcing a chargesheet.

What was the core fact behind the ruling?

In related matters, police said the girl was recovered and had left of her own will. Courts below still directed a chargesheet; the Supreme Court set aside that approach.

Does this case block all Magistrate oversight?

No. Oversight remains—like calling for further investigation or proceeding on a complaint—but not dictating a chargesheet to police.

Why is Section 173 CrPC central here?

Section 173 governs completion of investigation and police reports; the judgment clarifies institutional roles of police and Magistrate at this stage.

Abhinandan Jha and Ors v. Dinesh Mishra

Abhinandan Jha and Ors v. Dinesh Mishra (1968)

Can a Magistrate force the police to file a chargesheet after a final report? The Supreme Court drew a clear line under Section 173 CrPC.

Supreme Court of India 1968 Bench: Not specified AIR 1968 SC 117 Criminal Procedure • Police Investigation ~6 min read

By Gulzar Hashmi • India • Published: 02 Nov 2025

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Quick Summary

The Supreme Court held that a Magistrate cannot direct the police to file a chargesheet when the police, after investigation, submit a final report under Section 173 CrPC. The Magistrate may still act—order further investigation, or proceed on a complaint—but cannot compel the police to change their conclusion.

Issues

Whether a Magistrate can require the police to submit a chargesheet after a final report under Section 173 CrPC in a cognizable case.

Rules

Section 173 CrPC: Police submit their report after investigation (final report/chargesheet).
Magistrate’s lane: Consider the report; accept it, order further investigation, or take cognizance on a proper complaint.
No compulsion: Magistrate cannot force the police to file a chargesheet contrary to their final report.

Citation: AIR 1968 SC 117

Facts (Timeline)

Timeline graphic for Abhinandan Jha v. Dinesh Mishra

FIR lodged: Dinesh Mishra reported a thatched house fire and saw the petitioners running from the spot.

Protest petition: After the police report, the informant filed a protest challenging it.

Magistrate’s order: After reading the case diary and hearing parties, the Magistrate directed police to submit a chargesheet.

Appeals failed locally: Sessions Court and Patna High Court upheld the direction, relying on prior precedent.

Parallel matter: In a related case, police reported a recovered girl who had eloped voluntarily; yet the Magistrate still ordered a chargesheet under Section 366 IPC.

To Supreme Court: Petitioners challenged the Magistrate’s power to compel a chargesheet after a final report.

Arguments

Appellants

Police concluded no case for trial; Magistrate cannot force a chargesheet.
In the related matter, the girl (above 19) said she eloped; prosecution was unnecessary.

Respondent

Challenged the police conclusions through protest petition.
Sought court direction to proceed against the accused.

Judgment

The Supreme Court set aside the approach of compelling a chargesheet. It held there is no express or implied power authorising a Magistrate to order the police to file a chargesheet when their report says no case is made out. Other lawful routes remain available to the Magistrate.

Ratio Decidendi

Institutional roles must be respected: investigation and its conclusion belong to the police; judicial oversight cannot cross into directing them to file a chargesheet against their finding under Section 173 CrPC.

Why It Matters

Draws a clean line between police investigation and judicial supervision.
Prevents coercive “chargesheet on order” practices.
Clarifies lawful options for Magistrates after a final report.

Key Takeaways

No Forced Chargesheet: Magistrate cannot compel police to file one after a final report.

Further Probe: Magistrate may ask for further investigation where fit.

Take Cognizance: Can proceed on a proper complaint, per law.

Role Respect: Police investigate; courts supervise within limits.

Mnemonic + 3-Step Hook

Mnemonic: “REPORT → REVIEW, not REQUIRE.”

REPORT: Police file final report under Section 173.
REVIEW: Magistrate can accept, or ask for further investigation, or act on a complaint.
NOT REQUIRE: Cannot force a chargesheet.

IRAC Outline

Issue: Can a Magistrate direct a chargesheet after a police final report?

Rule: Section 173 CrPC sets the police report process; no power to compel a chargesheet.

Application: Magistrates retain oversight—further probe or cognizance on complaint—but cannot dictate police conclusions.

Conclusion: Direction to file chargesheet is beyond power; appeals allowed accordingly.

Glossary

Final Report: Police report stating no sufficient ground to proceed to trial.
Chargesheet: Police report alleging the accused should be tried.
Protest Petition: Informant’s challenge to the police final report before the Magistrate.

FAQs

A Magistrate has no power, express or implied, to compel the police to file a chargesheet after a final report under Section 173 CrPC.

Accept the report, order further investigation, or proceed on a proper complaint as per law.

They directed the police to submit a chargesheet, which exceeds the Magistrate’s lawful power at the Section 173 stage.

No. Courts can demand further investigation or move on a complaint. They simply cannot dictate the police conclusion.

CASE_TITLE: Abhinandan Jha and Ors v. Dinesh Mishra | PRIMARY_KEYWORDS: Section 173 CrPC, final report, chargesheet direction | SECONDARY_KEYWORDS: magistrate powers, further investigation, protest petition | PUBLISH_DATE: 02 Nov 2025 | AUTHOR_NAME: Gulzar Hashmi | LOCATION: India | Slug: abhinandan-jha-and-ors-v-dinesh-mishra

Criminal Procedure Investigation Magistrate Powers

Reviewed by The Law Easy

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