It is undoubtedly trues that before a Magistrate proceeds to accept a final report under Section 173 CrPC and exonerates the accused, it is incumbent upon the Magistrate to apply his mind to the contents of the protest petition and arrive at a conclusion thereafter. While the investigating officer may rest content by producing the final report, which, according to him, is the culmination of his efforts, the duty of the Magistrate is not one limited to readily accepting the final report. It is incumbent upon him to go through the materials, and after hearing the complainant and considering the contents of the protest petition, final decide the future course of action to be, whether to continue with the matter or to bring the curtains down.
If a protest petition fulfills the requirements of a complaint, the Magistrate may treat the protest petition as a complaint and deal with the same as required under Section 200 read with Section 202 of the Criminal Procedure Code. Vishnu Kumar Tiwari v. State of U.P., (2019) 8 SCC 27.
The reasonableness and credibility of the information is not a condition precedent to the registration of a case. The import of casting a mandatory obligation on the Officer-in-Charge of a police station to record information relating to the commission of a cognizable offence and to register a case thereon, has been emphasized in the decisions of the Hon’ble Supreme Court in State of Haryana v. Bhajan Lal, 1991 (28) ACC 111 (SC) and in Prakash Singh Badal v. State of Punjab, (2007) 1 SCC 1. At the same time arrest of an accused immediately on the registration of an FIR has been held not to be mandatory. The Criminal Procedure code confers a power upon the police to close a matter both before and after the investigation. A police officer can foreclose an FIR before an investigation under Section 157, if appears to him that there is no sufficient ground to investigate it. The police officer is empowered also to investigate the matter and file a final report under Section 173. In Lalita Kumari v.Government of Uttar Pradesh, 2014 (84) ACC 719 (SC), it was held that the police is not liable to launch an investigation in every FIR which is mandatorily registered on receiving information relating to the commission of a cognizable offence. The scheme of the Code not only ensures that the time of the police should not be wasted on false and frivolous information but also that the police should not intentionally refrain from doing its duty of investigating cognizable offences. Jagannath Verma v. State of U.P., 2015 (88) ACC 1 (FB).