A Magistrate not become functus officio to proceed on a Protest Complaint just because he accepted a refer report from the police on the same matter; SC [Read the Judgment]

A two Judge Bench of the Supreme Court of India Today held that having accepted the final report the learned Magistrate had not become "functus officio" and was denuded of all power to proceed in the matter. In Rakesh and another vs. State of UP the Supreme Court [Crl. Appeal 1412/2014] examined the question "whether a Magistrate after accepting a negative final ...