ABHINANDAN JHA V/S DINESH MISHRA

INTRODUCTION

This case revolves around the question of whether a Magistrate has the authority to direct the
police to submit a charge-sheet in cases where a cognizable offence is suspected. The
significance of this judgment lies in its interpretation of Section 169 of the Criminal Procedure
Code, 1973, which deals with the release of the accused from custody.

FACTS

On 3 June 1965, the respondent, Dinesh Mishra, lodged a First Information Report (FIR) at the
Rajoun Police Station under Section 154 of the Cr.P.C. that he saw a thatched house, of one
Uma Kant Mishra, burning and the petitioners herein, running away from the scene.

The police made an investigation and submitted what is called a 'final report', under Section
173 (1) of the Cr.P.C. to the effect that the offence complained of, was false.

The Sub-divisional Magistrate received this report on July 13, 1965, but in the meanwhile, the
respondent had filed what is termed a ‘protest petition’, challenging the correctness of the
report submitted by the police.

The Magistrate perused the police diary, and, after hearing both the sides, passed an order,
directing the police to submit a charge-sheet, against the petitioners.

The petitioners challenged this order, without success, both before the learned Sessions Judge,
Bhagalpur, and the Patna High Court.

It was held by the High Court that the Magistrate has jurisdiction to call for a charge-sheet,
when he disagrees with the report submitted by the police, under Section 173 (1) of the
Cr.P.C.

The petitioners then challenged these orders before the Supreme Court.
 CONCLUSION

Abhinandan Jha vs. Dinesh Mishra is a landmark legal case that tackled the matter of whether a
magistrate has the authority to direct the police to submit a charge-sheet, even after
conducting an investigation. The case established a crucial legal precedent, defining the scope
of the magistrate's role in ensuring the fairness and effectiveness of criminal proceedings. This
landmark case is widely regarded as a significant milestone in Indian legal history, having far-
reaching implications for legal practice across the country.