Concept Of A Police Report
or disseminate information, communicate;
deliver information; make an announcement; make known; speak about, specify. It
is a formal oral or written presentation of facts or a recommendation for
action [1] . The expression “police report” has been defined under
the Code of Criminal Procedure as meaning a report forwarded by a Police
Officer to a Magistrate under sub section (2) of Section 173 [2] .
Simply stated, final report culminates the investigation process in a formal
recommendation for action. The report under Section 173 is a report on the
results of the investigation made under Chapter XIV, which means an
investigation made under Section 155 (2) or Section 156. The 'Police report'
which Section 173 contemplates cannot therefore be a report of a case in
respect of which no investigation under Chapter XIV has taken place or is
possible [3] . Police Report has been interpreted to mean a police
report within the meaning of Section 170 [4] .
There are three different kinds of reports
to be made by police officers at three different stages of investigation. (1)
Section 157 requires a preliminary report from the officer in charge of a
police station to the Magistrate. (2) Section 168 requires reports from a
subordinate police officer to the officer in charge of the station. These
reports are known as forwarding reports. (3) Section 173 requires a final
report of the police officer as soon as investigation is completed to the
Magistrate. The report under Sub section (2) of Section 173 is called
Completion Report also known as the Charge Sheet. Such a report is absolutely
necessary. The police charge sheet corresponds to the complaint of a private
individual on which criminal proceedings are initiated [5] . When the
charge sheet is sent, the preliminary stage of investigation and preparation is
over. The charge sheet is followed by the Final report. As the name suggests,
the Final report refers to that document which records the conclusion arrived
at by the Police after the investigation process. Final report is deemed to be
final as it signifies the culmination of investigation .Nevertheless Police has
a statutory right to reinvestigate the matter when some new information comes
to light.
This project seeks to trace the status of
the Final report submitted by Police under Section 173 of the Code. The
researcher has offered a detailed analysis of the power of police to
reinvestigate the case when some fresh information comes to light. This project
strictly analyses the implications and status of the Final report submitted by
Police under Section 173 of Code of Criminal Procedure.
CHAPTER-1
AN INTRODUCTION TO POLICE REPORT
The police report under Section 173 will
contain the facts and conclusions drawn by police there from [6] .
Section 173, Cr.P.C. places a mandatory duty upon the Investigating Officer to
place all detailed materials, both oral and documentary, before the Magistrate,
so that he may consider the same and decide for himself whether it is a fit
case for taking cognizance or not. However, Investigation of an offence cannot
be considered to be inconclusive merely for the reason that the investigating
officer, when he submitted his report in terms of sub-section (2) of S. 173 of
the Code to the Magistrate, still awaited the reports of the experts or by some
chance, either inadvertently or by design, failed to append to the police
report such documents or the statements under S. 161 of the Code, although
these were available with him when he submitted the police report to the
Magistrate
When an investigation culminates into a
final report as contemplated under Section 173 then the competent court enjoins
a duty within its authority sanctioned by law to scrupulously scrutinize the
final report and the accompaniments by applying its judicial mind and take a
decision either to accept or reject the final report [8] .
It is to be noted here; however, that the
practice of not accepting the charge sheet either on the ground that the same
was not submitted on the stipulated days as fixed for particular police station
or it was not accompanied by FSL Report is patently illegal [9] .
There is no question of submitting interim charge sheet [10] .
Magistrate doesn’t have power to call upon
police to submit charge sheet after final report under Section 173 (1) has been
filed .At most he can ask police to carry out further investigation under
Section 156 (3) if not satisfied by final report [11] .
However, merely because the Investigating
Agency expresses an opinion in that report, that it is not a fit case where
cognizance should be taken by the Magistrate under Section 190, Cr.P.C. is by
itself no ground for drawing the inference that, that opinion alone must be
taken into consideration as final and the Magistrate must completely shut his
eyes to all the rest of the details, which have been embodied in the final
report, as required under Section 173(a) to (g) [12] . Magistrate is
not bound by the conclusions of complaint [13] . On receiving report
under Section 173 of the Code, which is a final report, Magistrate has full
jurisdiction to differ with the conclusion of the Police and direct that
accused not named in the report sent up should be put on trial. This exercise
of jurisdiction must be in terms of Section 190(1) (b) [14] .
The Magistrate has the power under Section
156(3) to direct further investigation which is clearly an independent
power [15] . Magistrate, even after accepting the final report, can
take cognizance of the offence upon a complaint or a protest petition on same
or similar allegations of fact [16] . However, if there is no
indication by the informant that his protest petition may be treated as
complaint and the Magistrate did not also consciously proceed as in a complaint
case, mere filing of the protest petition would not make it obligatory for the
Magistrate to treat it as a complaint case.
CHAPTER-2
THE POWER OF REINVESTIGATION - ANALYSED
On receipt of final report it is open for
the Magistrate under section 173(2) read with Section 169 from the police that
there is no case for trial, to adopt the following courses under clause (3) to
Section 173 which are that he may agree with the report and file the
proceedings. In case of disagreement with report it is appropriate for the
Magistrate to order further investigation under section 156(3) if he is of the
opinion that the investigation is unsatisfactory or incomplete. He may
otherwise form an opinion that the facts set out in the final report constitute
an offence and may take cognizance under Section 190 (1) (b) [17] .
The appropriate course has to be decided upon after consideration of the report
and after application of mind by the Magistrate [18] .
It has been pointed out that “Further
investigation in the offence is legally permissible as contemplated by Section
173 (4) of the Criminal Procedure Code, the Counsel appearing for the State
when asked, represents that the investigation was not yet complete and State
would come to a definite conclusion as to the culpability of the appellant only
on the completion of investigation. Investigation into an offence was a
statutory function of the police and the superintendence thereof is vested in
the State Government and the Court cannot in the absence of any compelling and
justifiable reason interfere with the investigation” [19] .
In other words there is a statutory right on
the part of the Police to investigate the circumstances of an alleged
cognizable crime without requiring any authority from the Judicial Authorities
and it would be an unfortunate result, if it should be held possible to
interfere with those statutory rights [20] .
However, the investigation can be reopened
and a supplementary charge-sheet can be submitted only on the basis of such
materials which could not come to the knowledge of the Investigating Officer
during investigation and not as a routine affair [21] . A subsequent
charge sheet could not be submitted without further investigation by the police
and without obtaining further evidence against the petitioners [22] .
Police has a right to further investigate when fresh information comes to
light [23] .
Sub-section (8) of Section 173, Cr. P.C., it
may be noted that it only lays down a deeming provision [24] . The
law expects the discharge of duties by the Investigating Officer properly
resulting in a report under Section 173(2). It may only be in some exceptional
case where the Investigating Officer may have to collect some further evidence
or materials and submit it to the Magistrate along with his further report.
Such an exceptional case will only prove the general rule that normally
investigation terminates with filing of the charge-sheet in Court. In other
words, the Investigating Officer believes and places reliance on the evidence
and material collected by him by then [25] .
CONCLUSIONS
Finality of the Report submitted by Police
under section 173 of Code of Criminal procedure has been controversial ever
since the Code was enacted. This project analyzed the courses available to the
Magistrate after the submission of final report. It has been seen that though
the final report is deemed to be final since it signifies the culmination of
investigation, nevertheless Police has a statutory right to reinvestigate the
matter when some new information comes to light. The Courts have leaned in favor
of holding that judicial authorities should not interfere with those rights.
However, the Courts have also cautioned that reinvestigation cannot be
construed to be a routine affair. At the same time there are a series of
judicial pronouncements to the effect that Magistrate is not bound by the final
report and he can validly differ from the same. It can be concluded that the
Code has tried to strike out a balance between the powers of Police on the one
hand and Criminal Courts on the other in the interest of justice. This balance
is a signification of “rule of law” that a healthy democracy strives for.
