The magistrate is not bound to accept police report, if u file a protest petition against investigation of the police, after submission of charge sheet and upon protest the magistrate may do one of 3 things 1. he may decide that there is no sufficient ground of proceeding further and drop action against accused 2. he may take cognizance against all accused on the basis of police report : this he may without being bound in any manner by the conclusion arrived at by the police in their report 3. he may take cognizance of the offence u/s 190 (1) (a) on the basis of the original complaint or protest petition and proceed the examine upon oath the complainant and his witnesses as u/s 200.
See the citation- AIR SC 1991 ( 1260 ) also see AIR 1980 SC ( 1883 ), SCC 1993 (1) page no. 561
also carefully read this judgement of SC,
link of judgement :https://www.indiankanoon.org/doc/1830441/