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2014 Supreme(SC) 861

ANIL R.DAVE, UDAY UMESH LALIT
ZORAWAR SINGH – Appellant
Versus
GURBAX SINGH BAINS – Respondent


Judgement Key Points

Guidelines for Section 173 CrPC (Police Report on Completion of Investigation)

  • Challan or final report under Section 173 CrPC must not be filed without compliance to court directions: Where a superior court has explicitly directed against presenting a report under Section 173 CrPC based on a particular investigation, filing such a challan is illegal and improper, rendering it liable to be withdrawn from the record. (!) (!) (!) (!) [1000546910015] (!)

  • Once a matter is in seisin of a High Court, no report under Section 173 CrPC can be filed without its express permission: Any action, including submission of a final report or challan under Section 173, undertaken without the High Court's leave, especially in defiance of its orders prohibiting such filing, is invalid. [1000546910014][1000546910015] (!)

  • Court's power post-filing of report under Section 173 CrPC is limited to directing further investigation under Section 173(8): After a final report under Section 173 CrPC is submitted, the court cannot mandate implementation of prior preliminary reports or override the final report except by ordering further investigation as per Section 173(8) CrPC. (!) [1000546910015]

  • Report under Section 173 CrPC must reflect thorough, fair, and transparent investigation: The investigating agency must ensure the final report is based on complete evidence, witness statements, and records; any deviation, such as ignoring superior recommendations or proceeding on disbanded teams' findings, undermines its validity. [1000546910012][1000546910015] (!)

  • Magistrate retains discretion for further investigation after receipt of report under Section 173 CrPC: Upon submission of the report, the Magistrate may assess if additional investigation is required and direct it accordingly, particularly where new directions mandate registration of specific offences. (!) [1000546910015]

  • Reports leading to Section 173 CrPC filing must not seek to nullify prior court-monitored directions: Constituting investigation teams or proceeding in a manner that contradicts explicit court orders (e.g., acting on disbanded SIT reports) before filing under Section 173 renders the process and resultant challan improper. [1000546910014][1000546910015] (!)


JUDGMENT

UDAY UMESH LALIT, J.

1. This petition for special leave to appeal challenges the judgment and order dated 21.02.2013 passed by the High Court of Punjab and Haryana in Criminal Miscellaneous No.M-6656 of 2011. Leave granted.

2. On 28.09.2010, a complaint was given by one Karnail Singh alleging that on the intervening night of 27th and 28th of September 2010 in a road accident between a Ford Endeavour Car having registration No. PCP 17 driven by Zorawar Singh i.e. the present Appellant No.1 and a truck bearing Registration No. HR 58-3264 at Liberty Chowk, Rajpura, District Patiala, two students namely Gagandeep Singh Bains (son of the present respondent no.1) and Gaurav Verma died and the other two occupants of the car namely Appellant No.1 and one Jaskaran Singh got badly injured and were moved to the hospital. On these allegations FIR No.219 was registered under section 304A, 279, 337, 427 IPC at Police Station, Rajpura against the driver of the truck.

3. Respondent No.1 however submitted representation to the Director General of Police, Punjab alleging that his son had not died in that accident but was murdered in a pre-planned manner. Similar such representation in the form

















































































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