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SUPREME COURT OF INDIA
BELA M. TRIVEDI, PANKAJ MITHAL, JJ.
Dablu Kujur – Appellant
Versus
The State of Jharkhand – Respondent
Criminal Appeal No. 1511 of 2024, Special Leave Petition (Crl.) No. 2874 of 2023
Decided On : 12-03-2024
(A) Criminal Procedure Code, 1973 – Section 439 – Indian Penal Code, 1860 – Sections 302 and 120-B/34 – Arms Act, 1959 – Section 25(1-B) A/26/27/35 – Bail application – Dismissal – Trial is at fag end and almost all witnesses have been examined by prosecution except one witness – Court not inclined to release appellant on bail more particularly when trial is at fag end. (Paras 3 and 4)
(B) Criminal Procedure Code, 1973 – Section 173 – Police Report – Evidentiary value – Police Report submitted by police under Section 173(2) is a very important piece of document from view point of prosecution, defence and court – It is incumbent on part of Investigating Officer to strictly comply with requirements of said provisions, as non-compliance thereof gives rise to many legal issues in court of law – It is only report forwarded by police officer to Magistrate under sub-section (2) of Section 173 Cr.P.C. that can form basis for competent court for taking cognizance thereupon – Charge-sheet is nothing but a final report of police officer under Section 173(2) of Cr.P.C. – When such a Police Report concludes that an offence appears to have been committed by a particular person or persons, Magistrate has three options: (i) he may accept report and take cognizance of offence and issue process, (ii) he may direct further investigation under sub-section (3) of Section 156 and require police to make a further report, or (iii) he may disagree with report and discharge accused or drop proceedings – If such Police Report concludes that no offence appears to have been committed, Magistrate again has three options: (i) he may accept report and drop proceedings, or (ii) he may disagree with report and taking the view that there is sufficient ground for proceeding further, take cognizance of offence and issue process, or (iii) he may direct further investigation to be made by police under sub-section (3) of Section 156. (Paras 7, 13 and 14)
(C) Criminal Procedure Code, 1973 – Section 173 – Police Report – Contents – Report of police officer on completion of investigation shall contain (i) A report in form prescribed by State Government stating-
(a) names of parties;
(b) nature of information;
(c) names of persons who appear to be acquainted with circumstances of case;
(d) whether any offence appears to have been committed and, if so, by whom;
(e) whether 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 report of medical examination of woman has been attached where investigation relates to an offence under [Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB]
or Section 376E of Indian Penal Code (45 of 1860)”
(ii) If upon completion of investigation, there is no sufficient evidence or reasonable ground of suspicion to justify forwarding of accused to a Magistrate, Police officer in charge shall clearly state in Report about compliance of Section 169 Cr.P.C.
(iii) When report in respect of a case to which Section 170 applies, police officer shall forward to Magistrate along with report, all documents or relevant extracts thereof on which prosecution proposes to rely other than those already sent to Magistrate during investigation; and statements recorded under Section 161 of all persons whom prosecution proposes to examine as its witnesses.
(iv) In case of further investigation, Police officer in charge shall forward to 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) – Officer in charge of police stations in every State shall strictly comply with afore-stated directions, and non-compliance thereof shall be strictly viewed by concerned courts in which Police Reports are submitted. (Paras 17 and 18)
Facts of the case:
Appellant-accused, by way of the present appeal has challenged impugned judgment and order dated 17.01.2023 passed by High Court of Jharkhand at Ranchi in B.A. No.11895 of 2022, whereby High Court has dismissed the said application seeking his release on bail in respect of FIR registered for offences under Sections 302, 120-B/34 of IPC and Section 25(1-B) A/26/27/35 of Arms Act.
Findings of Court:
Officer in charge of police stations in every State shall strictly comply with directions, and non-compliance thereof shall be strictly viewed by concerned courts in which Police Reports are submitted.
Result : Appeal disposed of with directions.
Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)
JUDGMENT :
BELA M. TRIVEDI, J.
1. Leave granted.
2. The appellant-accused, by way of the present appeal has challenged the impugned judgment and order dated 17.01.2023 passed by the High Court of Jharkhand at Ranchi in B.A. No. 11895 of 2022, whereby the High Court has dismissed the said application seeking his release on bail in respect of the FIR being Sukhdeonagar P.S. Case No. 238/2022 dated 30.05.2022 registered for the offences under Sections 302, 120-B/34 of IPC and Section 25(1-B) A/26/27/35 of the Arms Act.
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 examined by the prosecution except one witness.
4. In view of the above, we are not inclined to release the appellant on bail, more particularly, when the trial is at the fag end.
5. Before parting, it may be noted that on 17.07.2023, this Court (Coram - Mr. Justice Sanjiv Khanna and Ms. Justice Bela M. Trivedi) had passed the following order:
Having gone through the charge-sheet, we must observe that it is bereft of any details and particulars. The Director General of Police (DGP), State of Jharkhand will examine whether the said charge-sheet is in accordance with law, and if such chargesheets are being filed, appropriate steps should be taken in compliance with the relevant provisions of the Code of Criminal Procedure, 1973. The DGP, State of Jharkhand will file an action report within a period of four weeks from today.
We are told that similar charge-sheets bereft of details and particulars are being filed in the States of Bihar and Uttar Pradesh. A copy of this order will also be sent to the relevant DGPs for the States of Bihar and Uttar Pradesh, who will submit their respective reports on the steps taken by them within four weeks from today.
Keeping in view the facts of the present case, we are inclined to direct the trial court to examine the public witnesses within a period of four months from today, without fail. Status report along with copy of the order sheets will be filed immediately upon completion of four months.
List for consideration and orders in the first half of December 2023.”
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 steps taken/being taken by them for submitting the Chargesheets/Police Reports in accordance with law.
7. The Police Report submitted by the police under Section 173(2) being very important piece of document from the view point of the prosecution, the defence and the court, we deem it necessary to elaborately deal with the various aspects involved in the said provision. For the reasons stated hereinafter, we are of the opinion that it is incumbent on the part of the Investigating Officer to strictly comply with the requirements of the said provisions, as noncompliance thereof gives rise to many legal issues in the court of law.
8. As per Section 2(r) of Cr.P.C. “Police Report” means a report forwarded by a Police Officer to a Magistrate under sub-section (2) of Section 173.
9. Section 173 reads as under:
(1) Every investigation under this Chapter shall be completed without unnecessary delay.
(1A) The investigation in relation to [an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E] from the date on which the information was recorded by the officer in charge of the police station.
(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:
(a) the names of the parties.
(b) the nature of the information.
(c) the n
Police Report submitted by police under Section 173(2) is a very important piece of document from view point of prosecution, defence and court.
The main legal point established in the judgment is the interpretation of the word 'shall' in Section 173(5) CrPC as directory rather than mandatory, and the distinction between 'arrest' and 'custody....
Section 319 Cr.P.C. is independent and can be exercised when it appears from the evidence his involvement in the alleged crime irrespective of whether any protest complaint was maintained against him....
Investigation under IPC must be completed within 90 days; absence of CFSL report does not invalidate a complete police report.
A police report under Section 173(2) is not incomplete solely for lacking an FSL report if filed within the stipulated time, thus default bail cannot be claimed.
Point of Law : Section 173(8) of the Cr.P.C. directs further investigation in the matter.
The non-filing of FSL report with the challan does not vitiate the challan or entitle the applicant to default bail under section 167(2) of the Criminal Procedure Code.
The main legal point established in the judgment is that both the original and supplementary reports under Section 173(2) and Section 173(8) of the Code of Criminal Procedure 1973 must be considered ....
The main legal principle established is that the accused is entitled to default bail if the investigation is not completed within the mandated period, as per the legislative intent of section 167(2) ....
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