Whether a Magistrate can after accepting the final report where no offences are made, acquit the accused and drop the proceedings without issuing notice to the first informant or to the injured or in this case the relatives of the deceased?
If the opinion in the report under Section 173 by the police states that no offence is seemed to have been committed, the Magistrate has 3 options:
1. He may accept the report and drop the proceeding.
2. He may disagree with the report and taking a view that there is sufficient grounds
to proceed further, may take cognizance of the offence and issue process.
3. He may direct further investigation to be made by the police under section 156(3).