What is a Magistrate's duty when two final reports arising from a case and its counter case are placed before him?

To scrutinise them carefully. Where the reports put forward inconsistent rival versions of the same incident — so that if one version is true the other must necessarily be false — or where the officer has filed two reports mechanically without properly investigating and finding the true aggressor, the Magistrate shall return the final reports and direct him to come up with a definitive case. Cognizance of both may be taken only after a factual finding that both parties engaged in acts of aggression.

Bharatiya Nyaya Sanhita, 2023 — s.296(b) — s.115(2) — s.351(2) — Bharatiya Nagarik Suraksha Sanhita, 2023 — s.528 — Case and counter case — Two final reports — PSO 566 — Case and counter case — Two final reports — Reasons must be assigned in both — Held: Where the investigating officer cannot find the real aggressor, or finds both parties aggressors, he may file a final report in each case; but proper reasons must be assigned, and must appear in both reports. (¶13, ¶18) Case and counter case — Duty of the Magistrate — Final reports to be returned — Held further: The Magistrate must scrutinise both final reports and, where they are inconsistent rival versions or filed mechanically without finding the true aggressor, return them and direct the officer to come up with a definitive case. (¶12, ¶14) Bharatiya Nagarik Suraksha Sanhita, 2023 — s.528 — Cognizance taken inadvertently set aside — Held further: Where cognizance has been taken inadvertently on both reports and trial has not begun, the order may be set aside under s.528 with a direction to follow PSO 566. Cognizance in both cases set aside. (¶15, ¶20) Case and counter case — Fate of the rival complaint to be stated — Held further: Even where a single final report is filed, it must state the fate of the rival complaint, so that the trial court can scrutinise it or await the protest petition. (¶18)

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