it is the discretion of the Judicial Magistrate to return the police report for proper compliance of the defects.
It is true that there is no enabling provision in the Code of Criminal Procedure to return the charge sheet by the learned Judicial Magistrate, concerned. If the police report has been filed not in consonance with Section 173 of the Code of Criminal Procedure, the learned Judicial Magistrate concerned has the discretion to defer the process of taking cognizance or to return the defective police report for compliance. If minor defect is found in the police report, the learned Judicial Magistrate need not return the police report, but, in a case where completely defective and incongruous police report has been filed, it is the discretion of the Judicial Magistrate to return the police report for proper compliance of the defects.
Madras High Court
Dr. L. Prakash vs State Rep. By V. Rajendran, ... on 1 January, 2008
1. The petition is filed by the accused seeking to quash the criminal proceedings in S.C. No. 9 of 2002 on the file of the V Fast Track Court, Chennai.it is the discretion of the Judicial Magistrate to return the police report for proper compliance of the defects.
It is true that there is no enabling provision in the Code of Criminal Procedure to return the charge sheet by the learned Judicial Magistrate, concerned. If the police report has been filed not in consonance with Section 173 of the Code of Criminal Procedure, the learned Judicial Magistrate concerned has the discretion to defer the process of taking cognizance or to return the defective police report for compliance. If minor defect is found in the police report, the learned Judicial Magistrate need not return the police report, but, in a case where completely defective and incongruous police report has been filed, it is the discretion of the Judicial Magistrate to return the police report for proper compliance of the defects.
https://www.lawweb.in/2012/09/it-is-discretion-of-judicial-magistrate.html
Madras High Court
Dr. L. Prakash vs State Rep. By V. Rajendran, ... on 1 January, 2008
1. The petition is filed by the accused seeking to quash the criminal proceedings in S.C. No. 9 of 2002 on the file of the V Fast Track Court, Chennai.https://www.lawweb.in/2012/09/it-is-discretion-of-judicial-magistrate.html
