2024 INSC 197: Reportable
2024 INSC 197: Reportable
2024 INSC 197: Reportable
VERSUS
JUDGMENT
BELA M. TRIVEDI, J.
1. Leave granted.
whereby the High Court has dismissed the said application seeking
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3. During the course of arguments, it was apprised to the Court that the
trial is at the fag end and almost all the witnesses have been
(Coram- Mr. Justice Sanjiv Khanna and Ms. Justice Bela M. Trivedi)
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6. In compliance with the said order, the affidavits are filed on behalf of
the State of Jharkhand, Uttar Pradesh and Bihar with regard to the
7. The Police Report submitted by the police under Section 173(2) being
compliance thereof gives rise to many legal issues in the court of law.
Section 173.
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(2) (i) As soon as it is completed, the officer in charge of the police
station shall forward to a Magistrate empowered to take
cognizance of the offence on a police report, a report in the form
prescribed by the State Government, stating—
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(5) When such report is in respect of a case to which section 170
applies, the police officer shall forward to the Magistrate along
with the report—
(b) the statements recorded under section 161 of all the persons
whom the prosecution proposes to examine as its witnesses.
(6) If the police officer is of opinion that any part of any such
statement is not relevant to the subject-matter of the proceedings
or that its disclosure to the accused is not essential in the
interests of justice and is inexpedient in the public interest, he
shall indicate that part of the statement and append a note
requesting the Magistrate to exclude that part from the copies to
be granted to the accused and stating his reasons for making
such request.
10. The procedure for investigation has been laid down in Section 157 of
Cr.P.C. which states inter alia that if from the information received or
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suspect the commission of an offence which he is empowered under
a police report and shall proceed in person, or shall depute one of his
for the discovery and arrest of the offender. Such report would be in
to try the accused or commit him for trial. Section 170 deals with the
diary day by day. Sub-section (IA) of Section 172 requires that the
and sub-section (1B) of Section 172 requires that such diary shall be
12. We are more concerned with Section 173(2) as we have found that
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13. It may be noted that though there are various reports required to be
under sub-section (2) of Section 173 Cr.P.C. that can form the basis
Magistrate has three options: (i) he may accept the report and take
cognizance of the offence and issue process, (ii) he may direct further
police to make a further report, or (iii) he may disagree with the report
the Magistrate again has three options: (i) he may accept the report
and drop the proceedings, or (ii) he may disagree with the report and
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taking the view that there is sufficient ground for proceeding further,
15. The issues with regard to the compliance of Section 173(2) Cr.P.C.,
may also arise, when the investigating officer submits Police Report
open the investigation qua the other persons-accused, or when all the
such a situation, the question that is often posed before the court is
regard, it may be noted that in Satya Narain Musadi & Ors. vs. State
it has been held that even if all the documents are not filed, by reason
1 Bhagwant Singh vs. Commissioner of Police & Anr.; (1985) 2 SCC 537
2 (1980) 3 SCC 152
3 (2007) 8 SCC 770
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thereof the submission of the chargesheet itself would not be vitiated
in law. Such issues often arise when the accused would make his
claim for default bail under Section 167(2) of Cr.P.C. and contend that
been kept open while submitting Police Report under Section 173(2),
the requirements under Section 173(2) could not be said to have been
complied with. In this regard, this Court recently held in case of CBI
16. The above referred discussion has been necessitated for highlighting
4 Criminal Appeal No. 391 of 2024 (@ SLP (Crl) No. 11775 of 2023)
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17. Ergo, having regard to the provisions contained in Section 173 it is
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comply with the details mentioned in the above sub para (i) to
(iii).
18. It is further directed that the officer in charge of the police stations in
every State shall strictly comply with the afore-stated directions, and
19. Copy of this order be sent to all the Chief Secretaries of the States/UTs
……………………………………J.
[BELA M. TRIVEDI]
……………..……………………. J.
[PANKAJ MITHAL]
NEW DELHI;
MARCH, 12th 2024.
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