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After completion of investigation, the police is to submit a final report to the Magistrate. The Magistrate:
is bound by the conclusions drawn by the police and accept the same if the police recommended that there is no sufficient ground for proceeding further
is not bound by the conclusions drawn by the police and may order further investigation
may issue a process against the accused person(s)
both (b) & (c).
- Option 1: A Magistrate is not automatically bound by the police's conclusions. They do not have to accept a report if it suggests insufficient grounds to proceed.
- Option 2: A Magistrate has the authority to disagree with the police's findings and may order a further investigation if necessary.
- Option 3: Regardless of the police's final report, a Magistrate can issue a process against the accused person(s) if they find sufficient ground to proceed.
- Option 4: This option combines both Options 2 and 3, demonstrating that a Magistrate can both order further investigation and issue proceedings against an accused.
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