Code of Criminal Procedure, 1973: s.173 – Final report under – Exonerating all the accused of the offences u/ss.498A, 304B and 201 IPC and ss.3 and 4 of Dowry Prohibition Act – Protest petition by complainant – Dismissed by the Magistrate – Revision petition dismissed – Writ petition seeking direction to the Magistrate to look into the matter afresh for taking cognizance against the accused persons – High Court allowed the petition – Appeal to Supreme Court – Held: High Court was in error in concluding that protest petition was not considered by the Magistrate – The Magistrate had duly taken into consideration the protest petition – Before a Magistrate proceeds to accept a final report u/s.173 and exonerate the accused, it is incumbent upon him to apply his mind to the content of the protest petition – The duty of the Magistrate is not one limited to readily accepting the final report – It is open for the Magistrate either to accept the final report or to proceed to take cognizance u/s. 190(1)(b) of Cr.P.C. for which there is no necessity to examine the witnesses u/s.200 Cr.P.C. – But since the Magistrate cannot be compelled to treat the protest petition as a complaint, the remedy for the complainant would be to file a fresh complaint and invite the Magistrate to follow the procedure u/ss.200 r/w. s.202 Cr.P.C. – If the protest petition fulfills the requirements of a complaint, the Magistrate may treat the protest petition as a complaint and deal with the same as required u/s.200 r/w. s.202 Cr.P.C. – The protest petition in the present case did not fulfill the requirement of a complaint – Order of High Court is liable to be set aside.

Constitution of India: Art.226 – Jurisdiction under – Scope of – Held: High Court while exercising powers u/Art.226 must bear in mind the limited nature of its jurisdiction when it deals with orders of subordinate courts. A