In Abhinandan Jha v. Dinesh Mishra (1967), was the Magistrate bound to accept the police conclusion…

In Abhinandan Jha v. Dinesh Mishra the Supreme Court held that a Magistrate is not bound by a police final report: he may order further investigation, take cognizance on the material, or proceed on a complaint. What he cannot do is compel the police to submit a charge-sheet, since forming the opinion under section 173 CrPC (now section 193 of the BNSS) is the investigating officer's function; a protest petition is not a precondition for disagreeing.