Madras High Court· 21 July 2026

What is the remedy where cognizance has been taken inadvertently on two final reports in a case and counter case?

Uthanduraj v. State of Tamil Nadu

Crl.OP.(MD)No.1615 of 2026 · Crl.OP.(MD)No.1615 of 2026
Coram: Justice R.Vijayakumar

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Answer

The order taking cognizance may be challenged under s.528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and set aside, depending on the stage of the case, with a consequential direction to follow PSO 566 — which requires the investigating officer to place a definite case before the Court, to exhibit the counter-complaint, and to prove the medical certificates of the persons wounded on the opposite side.

Headnote

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)

In the Court's own words

Paragraph 14The Hon'ble Full Bench has further pointed out that when two final reports are available in a case and in a counter case, the Judicial Magistrate has to scrutinise the final report. The Magistrate has to return the final reports and direct the Investigating Officer to come up with a definite case. However, in the present case, the final reports have not been returned, but the Court has proceeded to take cognizance. As per the judgment of the Hon'ble Full Bench, when the cognizance has been inadvertently taken, such order may be challenged under Section 528 of BNSS 2023 and the order of cognizance can be set aside depending upon the stage of the case.

Paragraph 15In the present case, admittedly, so far trial has not begun and therefore, this Court has no hesitation in invoking the powers under Section 528 of BNSS 2023 to set aside the order of taking cognizance not only in S.T.C.No.983 of 2023 but also in C.C.No.528 of 2025 and therefore, there shall be a direction to follow PSO 566. PSO 566(2) and (3) are extracted as follows:

Acts & Sections

s.296(b) Bharatiya Nyaya Sanhita, 2023s.115(2) Bharatiya Nyaya Sanhita, 2023s.351(2) Bharatiya Nyaya Sanhita, 2023s.528 Bharatiya Nagarik Suraksha Sanhita, 2023PSO 566

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Also decided in this judgment

When may an investigating officer file two final reports in a case and counter case, and what must he record?What is a Magistrate's duty when two final reports arising from a case and its counter case are placed before him?Must a final report disclose the fate of the rival complaint even where only one report is filed?

Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections