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P.N.BHAGWATI, A.N.SEN, D.P.MADAN
Bhagwant Singh – Appellant
Versus
Commissioner of Police – Respondent


Judgement Key Points

What is the requirement for notice to the informant when the Magistrate considers the police report under Section 173(2) of the CrPC? What is the entitlement of the injured person or relatives of the deceased to notice or audience at the time of consideration of a police report under Section 173(2) CrPC?

What is the requirement for notice to the informant when the Magistrate considers the police report under Section 173(2) of the CrPC?

What is the entitlement of the injured person or relatives of the deceased to notice or audience at the time of consideration of a police report under Section 173(2) CrPC?


JUDGMENT

P.N. Bhagwati, J.-The short question that arises for consideration in this writ petition is whether in a case where First Information Report is lodged and after completion of investigation initiated on the basis of the First Information Report, the police submits a report that no offence appears to have been committed, the Magistrate can accept the report and drop the proceeding without issuing notice to the first informant or to the injured or in case the incident has resulted in death, to the relatives of the deceased. It is not necessary to state the facts giving rise to this writ petition, because so far as this writ petition is concerned, he have already directed by our order dated 28th November, 1983 that before any final order is passed on the report of the Central Bureau of Investigation by the Chief Metropolitan Magistrate, the petitioner who is the father of the unfortunate Gurinder Kaur should be heard. Gurinder Kaur died as a result of burns received by her and allegedly she was burnt by her husband and his parents on account of failure to satisfy their demand for dowry. The circumstances in. which Gurinder Kaur met with her unnatural death were investigated by

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