| Headnote |
Criminal Law – Police Report – Section 173 of the Code of Criminal Procedure, 1973 – Section 2 (r) of the Code of Criminal Procedure, 1973: Held: The Police Report under Section 173(2) Cr.P.C. being a very important piece of document from the view point of the prosecution, the defence and the court, it is incumbent upon the Investigating Officer to strictly comply with the requirements of the said provisions, as non-compliance thereof gives rise to many legal issues in the court of law. [Para 7] Code of Criminal Procedure, 1973 – s.173(2) – Report under Section 173(2) forms basis for cognizance – Charge Sheet is an opinion of the investigating officer to the concerned court:Held : Only a report forwarded by the Police Officer to the Magistrate under Section 173(2) of the Code of Criminal Procedure can form the basis for the competent court to take cognizance thereupon – A Charge Sheet under Section 173(2) of the Code of Criminal Procedure is an opinion or intimation of the investigating officer to the concerned court that on the material collected during investigation, an offence appears to have been committed by the particular person/s. [Paras 12 and 13] Criminal Law – Magistrate has three options where Police Report concludes offence is made out; and where Police Report concludes that no offence is made out.Held : When a Police Report concludes that an offence appears to have been committed, the Magistrate has three options : (i) he may accept the report and take cognizance and issue process; (ii) he may direct further investigation under Section 156(3); (iii) he may disagree with the report, and discharge the accused – When the Police Report concludes that no offence appears to have been committed, the Magistrate has three options : (i) he may accept the report and drop the proceedings; (ii) he may disagree with the report and conclude that there is sufficient ground to proceed further, and take cognizance and issue process; (iii) he may direct further investigation under Section 156(3) of the Code of Criminal Procedure. Reliance placed on the Judgment in Bhagwant Singh v. Commissioner of Police & Anr., [1985] 3 SCR 942 :1985 INSC 103 : (1985) 2 SCC 537. [Para 14] Code of Criminal Procedure, 1973 – s.173(2) & (5) – Whether Final Report keeping investigation open qua other accused, or without all documents under Section 173(5) is in compliance with Section 173(2) – Would not vitiate the charge sheet:Held : Reliance placed on the Judgment in Satya Narian Musadi & Ors. v. State of Bihar (1980) 3 SCC 152, wherein it was held that the statutory requirement of Section 173(2) Cr.P.C. would be complied with if various details prescribed therein are included in the report. The report is complete if it is accompanied with all documents and statements of witnesses as required by Section 173(5) Cr.P.C. Reliance is also placed on the Judgment in Dinesh Dalmia v. CBI, [2007] 9 SCR 1124 : 2007 INSC 941 : (2007) 8 SCC 770, wherein it was held that even if all the documents are not filed, by reason thereof, the charge-sheet itself would not be vitiated in law. Relied upon the Judgment in CBI v. Kapil Wadhwan, [2024] 1 SCR 677 : 2024 INSC 58, holding that pendency of further investigation qua other accused or non-availability of documents at the time of filing of charge sheet would not vitiate the charge sheet. [Para 15] Code of Criminal Procedure, 1973 – Investigation – Procedure for investigation under Section 157 to Section 172 of the Code of Criminal Procedure, 1973 – Reports by the Police: Held: Under Section 157 of the Code of Criminal Procedure, 1973, if an officer-in-charge of a Police Station has reason to suspect the commission of an offence, which he is empowered to investigate under Section 156 of the Code of Criminal Procedure, 1973, he shall forthwith send a report of the same to the Magistrate – Such report would be in the nature of preliminary report – Under Section 169, upon completion of investigation, if it appears to the Officer-in-charge of the Police Station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, release such person, and direct him to appear as and when required before the Magistrate empowered to take cognizance of the offence – Section 170 of the Code of Criminal Procedure deals with cases when evidence is sufficient – Section 172 pertains to Diary of proceedings in investigation – Every Police Officer making an investigation under Chapter XII of the Code of Criminal Procedure is required to enter his proceedings in the investigation in a diary day-by-day – Section 172(1A) requires statements of witnesses to be inserted in the case diary; and Section 172(1B) requires such diary to be in a volume and duly paginated. [Para 10 and 11] Code of Criminal Procedure, 1973 – s.173(2) – Mandatory requirements under Section 173(2) of the Code of Criminal Procedure – Directions for compliance issued to Police Officers:Held : The Report of a Police Officer on the completion of investigation shall contain : (i) A report in the form prescribed by the State Government stating-(a) the names of the parties; (b) the nature of the information; (c) the names of the persons who appear to be acquainted with the circumstances of the case; (d) whether any offence appears to have been committed and, if so, by whom;(e) whether the accused has been arrested; (f) whether he has been released on his bond and, if so, whether with or without sureties; (g) whether he has been forwarded in custody under section 170. (h) Whether the report of medical examination of the woman has been attached where investigation relates to an offence under [sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB] or section 376E of the Indian Penal Code (45 of 1860); (ii) If upon the completion of investigation, there is no sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, the Police officer in charge shall clearly state in the Report about the compliance of Section 169 Cr.PC.; (iii) When the report in respect of a case to which Section 170 applies, the police officer shall forward to the Magistrate along with the report, all the documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation; and the statements recorded under Section 161 of all the persons whom the prosecution proposes to examine as its witnesses; (iv) In case of further investigation, the Police officer in charge shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed and shall also comply with the details mentioned in the above sub para (i) to (iii). 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