and, on completion of investigation, submit a report under Section 173(2) of the Cr.P.C before the court. Once, a report is submitted before the court under Section 173(2) of the Cr.P.C, the Magistrate before whom the report is submitted is required to look into the materials collected in course of investigation and pass appropriate orders in accordance with law. The Magistrate dealing with the police report is not bound by the conclusions arrived at by the police in course of investigation. He may agree with the police report or form a different opinion and pass order differing with the police report. As the matter is still pending before the court of Magistrate, there is no occasion for the petitioner to rush to this Court seeking quashing of the charge-sheet. There is yet another reason for holding the application to be misconceived. The petitioner does not dispute that there are incriminating materials against him. His grievance is that inspite of there being incriminating materials against some other co-accused persons also, they have not been sent up for trial. Thus, if there are incriminating materials against the petitioner, no illegality can be attached to the police report whereby he has been sent up for trial. He cannot seek quashing of the charge-sheet on the ground that some other accused against whom materials are available have not been sent up for trial.
