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Judgment
P.K. Jain, J.—List has been revised. None appears for the revisionists. Perused memo of revision and material on record.
Revision is against the order of summoning after rejection of the final report. The only ground on which the impugned order is challenged is that the police submitted final report and in view of the provisions contained in Section 198A, Code of Criminal Procedure, cognizance can be taken on police report or upon complaint filed by the persons mentioned in Section 198A, Code of Criminal Procedure. The main contention appears to be that the court cannot take cognizance by rejecting the final report.
It is well-settled that the court is not bound by the conclusion and opinion of the investigating agency on the material collected during investigation and the court may reject the final report and summon the accused persons. Where such procedure is adopted by the court, cognizance shall be deemed to have been taken u/s 190(1)(b), Code of Criminal Procedure, i.e., upon a police report of such facts. Therefore, it cannot be said that cognizance was not taken on police report.
Revision is devoid of merit and is summarily rejected. Stay order dated 15.10.93 is vacated.