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In Bhagwant Singh v. Commissioner of Police (25 April 1985), could a Magistrate disagree with a police…

Paragraph 4 identifies disagreement with the negative police report, taking cognizance and issuing process as a permissible course when sufficient ground exists: "Yes; the…

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In Bhagwant Singh v. Commissioner of Police (25 April 1985), could a Magistrate disagree with a police report stating that no offence appeared to have been committed and issue process on finding sufficient ground to proceed?

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Paragraph 4 identifies disagreement with the negative police report, taking cognizance and issuing process as a permissible course when sufficient ground exists: "Yes; the Magistrate could take cognizance and issue process on that assessment". Accepting the report and ordering further investigation are separate possible courses, and the police's conclusion is not conclusive on the Magistrate.

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