1. Death registered as unnatural death report under Section 174 CrPC — Police conducted inquest but no final report filed — Writ for mandamus to direct police to file final report. (Para 2 , 3 )
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2026 Supreme(Kar) 287
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ, J.
Sri Subbaiah, S/o Yallaiah – Petitioner
Versus
State Of Karnataka – Respondent
Writ Petition No. 21921 Of 2026 (Gm-Police)
Decided On : 28-07-2026
Important Points
An Inquest Report under Section 174 CrPC (or Section 194 BNSS) is a preliminary fact-finding document and not a final report. Police must independently conclude the investigation and file a final report under Section 173(2) CrPC before the jurisdictional Judicial Magistrate.
Subject
Criminal Law - Criminal Procedure
Act Referred
CRIMINAL PROCEDURE CODE : S.173(2), S.174
BHARATIYA NAGARIK SURAKSHA SANHITA : S.194
BHARATIYA NAGARIK SURAKSHA SANHITA : S.194
Headnote
(A) Code of Criminal Procedure, 1973 - Sections 173(2) and 174 - Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 194 - Unnatural Death Report - Nature and scope of inquest proceedings - Inquest Report submitted by Executive Magistrate is merely a fact-finding report intended to ascertain the apparent cause of death and does not conclude the investigation - Such report forms part of the materials collected by the police but cannot be equated with or treated as a substitute for the final report contemplated under Section 173(2) of the Code of Criminal Procedure, 1973. (Paras 4, 8, 9, 12)
(B) Investigation - Duty of police - Upon completion of investigation in proceedings initiated under Section 174 of the Code of Criminal Procedure, 1973, the jurisdictional police are incumbent to submit a final report, whether it is a chargesheet or a closure report, before the jurisdictional Judicial Magistrate. (Paras 9, 12)
Facts of the case:
Following the death of an individual and allegations of failure to provide necessary medical treatment, an unnatural death report was registered and an inquest was conducted by an Executive Magistrate. Although the inquest report was submitted, the jurisdictional police did not file a final report before the jurisdictional Magistrate, prompting the petitioner to seek a direction for the filing of the final report to enable the filing of a protest petition.
Findings of Court:
The Inquest Report prepared under Section 174 of the Code of Criminal Procedure, 1973 is a preliminary document to identify the apparent cause of death and does not terminate the investigative process. The police must independently investigate and file a final report under Section 173(2) of the Code of Criminal Procedure, 1973 before the jurisdictional Judicial Magistrate.
Issues: Whether the submission of an Inquest Report to an Executive Magistrate under Section 174 of the Code of Criminal Procedure, 1973 (or Section 194 of the Bharatiya Nagarik Suraksha Sanhita, 2023) concludes the legal proceedings, or if the police are required to file a subsequent final report before the jurisdictional Judicial Magistrate.
Ratio Decidendi: Inquest proceedings are fact-finding inquiries to determine the cause of death and do not possess the characteristics of judicial or quasi-judicial proceedings. The report by an Executive Magistrate is recommendatory and aids the investigation but does not curtail the police's power to investigate or their statutory obligation to file a final report under Section 173(2) of the Code of Criminal Procedure, 1973 before the Judicial Magistrate.
Result: Writ petition allowed.
(B) Investigation - Duty of police - Upon completion of investigation in proceedings initiated under Section 174 of the Code of Criminal Procedure, 1973, the jurisdictional police are incumbent to submit a final report, whether it is a chargesheet or a closure report, before the jurisdictional Judicial Magistrate. (Paras 9, 12)
Facts of the case:
Following the death of an individual and allegations of failure to provide necessary medical treatment, an unnatural death report was registered and an inquest was conducted by an Executive Magistrate. Although the inquest report was submitted, the jurisdictional police did not file a final report before the jurisdictional Magistrate, prompting the petitioner to seek a direction for the filing of the final report to enable the filing of a protest petition.
Findings of Court:
The Inquest Report prepared under Section 174 of the Code of Criminal Procedure, 1973 is a preliminary document to identify the apparent cause of death and does not terminate the investigative process. The police must independently investigate and file a final report under Section 173(2) of the Code of Criminal Procedure, 1973 before the jurisdictional Judicial Magistrate.
Issues: Whether the submission of an Inquest Report to an Executive Magistrate under Section 174 of the Code of Criminal Procedure, 1973 (or Section 194 of the Bharatiya Nagarik Suraksha Sanhita, 2023) concludes the legal proceedings, or if the police are required to file a subsequent final report before the jurisdictional Judicial Magistrate.
Ratio Decidendi: Inquest proceedings are fact-finding inquiries to determine the cause of death and do not possess the characteristics of judicial or quasi-judicial proceedings. The report by an Executive Magistrate is recommendatory and aids the investigation but does not curtail the police's power to investigate or their statutory obligation to file a final report under Section 173(2) of the Code of Criminal Procedure, 1973 before the Judicial Magistrate.
Result: Writ petition allowed.
Legal Category Hierarchy
Advocates Appeared:
For the Petitioner:Sri. Sampath Kumar A V, Advocate
For the Respondent: Smt. Saritha Kulkarni, Aga
For the Petitioner:Sri. Sampath Kumar A V, Advocate
For the Respondent: Smt. Saritha Kulkarni, Aga
Table of Contents
2. Petitioner argued inquest report not final report; police must file final report under Section 173(2) before magistrate — State opposed. (Para 4 , 5 )
3. Inquest report under Section 174 is not a final report; it is only material for investigation. Police must file final report under Section 173(2) before jurisdictional magistrate. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 )
4. In proceedings under Section 174 CrPC, police must complete investigation and file final report under Section 173(2) before jurisdictional magistrate; inquest report does not conclude investigation. (Para 8 , 9 , 12 )
5. Writ petition allowed; mandamus issued to police to complete investigation and file final report before jurisdictional magistrate; DGP directed to circulate order. (Para 13 )
6. What is the legal status of an inquest report prepared under Section 174 CrPC?
The inquest report under Section 174 CrPC is merely a fact-finding report to ascertain the apparent cause of death and is not a final report; it forms part of investigation materials. (Para 6 , 7 , 8 )
7. Can the inquest report under Section 174 CrPC be treated as a final report under Section 173(2)?
No, the inquest report cannot be treated as a final report. The police must conduct independent investigation and file a final report under Section 173(2) before the jurisdictional magistrate. (Para 8 , 9 , 12 )
8. What is the duty of the investigating officer after registration of an FIR under Section 174 CrPC?
The investigating officer must conduct independent investigation, consider the inquest report as material, and upon completion file a final report under Section 173(2) before the jurisdictional magistrate. (Para 8 , 9 , 12 )
9. What is the role of the Executive Magistrate's inquest in proceedings under Section 174 CrPC?
The Executive Magistrate's inquest is to aid the police investigation. It does not conclude the investigation; the police retain power to investigate and file a final report. (Para 9 , 11 )
10. Are the principles for Section 174 CrPC applicable to Section 194 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
Yes, the court held that the same principles and findings for Section 174 CrPC are equally applicable to Section 194 of the BNSS, 2023. (Para 11 )
ORDER :
SURAJ GOVINDARAJ, J.
1. Learned AGA is directed to accept notice for the respondents.
2. The petitioner is before this Court seeking for the following reliefs:
"a. Issue a writ in the nature of mandamus or in the nature thereof or any other appropriate writ, directing the Yesler police to file Final report / chargesheet in connection to UDR. NO. 22/2023, before the Addl. Civil Judge & JMFC Court, Sakaleshapura to enable the petitioner to file a protest petition in the interest of Justice and equity.
b. To pass any such order as this Hon'ble court deems fit in the circumstances of the case in the interest of justice and Equity."
3. One Santhosh died on 09.12.2023. A complaint was lodged alleging that his death had occurred due to the failure to administer proper and necessary medical treatment. Based on the said complaint, an Unnatural Death Report (UDR) was registered as UDR No.22/2023 under Section 174 of the Code of Criminal Procedure, 1973 (CrPC). Thereafter, an inquest was conducted by the Executive Magistrate in accordance with Section 174 of the Code of Criminal Procedure, 1973 (CrPC), and an Inquest Report was submitted on 10.12.2023. However, no final report has been filed by the jurisdictional police before the jurisdictional Magistrate in respect of the said proceedings. It is in these circumstances that the petitioner has approached this Court seeking the aforesaid reliefs.
4. Learned counsel for the petitioner submits that once proceedings are initiated under Section 174 of the Code of Criminal Procedure, 1973 (CrPC), the inquest conducted by the Executive Magistrate constitutes only one part of the investigative process. According to him, the Inquest Report submitted by the Executive Magistrate cannot be treated as the final report. Upon completion of the investigation, it is incumbent upon the jurisdictional police to submit a final report before the jurisdictional Magistrate in accordance with law, taking into consideration the findings recorded in the Inquest Report as well as the material collected during the course of the investigation.
5. In support of his submission, he relies upon the decision of the Hon'ble Madras High Court in the case of Manohari v. District Superintendent of Police and Ors. ,, 2018 SCC Online Madras 14216 , more particularly paras 4, 6, 8, 9, 10, 11, 12 and 24 thereof, which are reproduced hereunder for easy reference:
"4. This Court framed the following question and sought for the views of the various Bar Associations and requested them to assist the Court.
i)Where a First Information Report is registered under Section 174 of Criminal Procedure Code and in the course of investigation, the police finds that no offence has been made out, where should the final report be filed? In the instant case, it is found that the final report has been filed by the police before the Revenue Divisional Officer, Thanjavur. In this regard, the learned Government Advocate (Criminal Side) appearing for the respondents submits that this is the procedure that is being followed in all cases, wherever the First Information Report is registered under Section 174 of Criminal Procedure Code and the police on investigation finds that no offence has been made out.
6. Sections 174 , 175 and 176 of Criminal Procedure Code deal with inquiries into suicide or inquiries into sudden, violent or unnatural deaths. Section 174 provides for such inquiries by the Police and Section 176 , by Judicial Magistrates. The object of the Inquest Proceedings is merely to ascertain whether a person has died under unnatural circumstances or an unnatural death and if so, what is the cause of death. The question regarding the details as to how the deceased was assaulted or who assaulted him or under what circumstances he was assaulted, is foreign to the ambit and scope of proceedings under Section 174 of Criminal Procedure Code. Infact the names of the assailants and the manner of assault are not even required to be mentioned
