Sonu And 5 Others v. State of U.P. and Another, 2026
The High Court held that a Magistrate is duty-bound to consider every police report, including supplementary reports.
Judgement Details
Court
Allahabad High Court
Date of Decision
16 February 2026
Judges
Justice Anil Kumar
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
- The police initially filed a charge sheet on 15 September 2023 under IPC sections and the SC/ST Act.
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The Magistrate took cognizance of offences on 21 December 2023.
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After further investigation, the Investigating Officer submitted a supplementary report (Final Report) on 31 March 2024, stating allegations were false.
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Despite this exonerating report, the trial court framed charges on 7 August 2025 without considering the Final Report.
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The appellants challenged the order, arguing that the Magistrate was duty-bound to consider the supplementary report.
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The State counsel conceded that the Final Report ought to have been considered.
Issues
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Whether a Magistrate is legally bound to consider and pass an order on a Final Report filed under Section 173(8) CrPC even after taking cognizance on an earlier charge sheet?
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Whether ignoring a supplementary report and proceeding to frame charges amounts to procedural illegality?
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Whether recording a contrary opinion based on a supplementary report amounts to review barred under Section 362 CrPC?
Held
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Magistrate must independently apply judicial mind to every supplementary report.
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Ignoring a Final Report is procedural illegality.
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Contrary opinion based on supplementary report is not barred review under Section 362 CrPC.
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Orders issuing process and framing charges were set aside.
Analysis
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Reinforces judicial accountability in criminal procedure.
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Clarifies confusion regarding functus officio doctrine and Section 362 CrPC.
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Strengthens procedural safeguards for accused persons.
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Aligns with Supreme Court precedents that supplementary reports are integral to primary reports.
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Ensures that courts assess the cumulative effect of all investigation materials before framing charges.
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Prevents mechanical continuation of prosecution without considering updated investigative findings.