The limitations and powers of judicial magistrates in accepting or rejecting Final Reports under Section 169 Cr.P.C. and the prerogative of the Investigating Officer to file a report under Section 169 or 170.

B.D. Agarwal, J.

1. Heard Shri Ch. Lokendra learned Counsel for the petitioners and Md. Jallaluddin, learned Addl. Govt. Advocate for the respondents.

2. Both the criminal petitions are admitted for hearing. Considering the urgent nature of the matter and on being consented by the learned Counsel for the parties, both the criminal petitions are being disposed of by this common judgment at the admission stage itself.

3. Short facts of the case giving rise to the filing of these criminal petitions are set out below:

An FIR was lodged by the Commandant, Home Guards (V/A), Manipur, Imphal to the Porompat Police Station alleging that some Home guard volunteers had forged an order in the name of Dy. Commandant General showing their promotion to the rank of Divisional Commanders from the rank of Senior Platoon Commanders. On internal enquiry, the names of the present petitioners figured as the authors of the alleged promotion order. The FIR was registered as Porompat PS case No. 78 (5) 03 Under Section 420/406/468/471read with Section 34 of the Indian Penal Code. After investigation, the Investigating Officer submitted a Final Report under Section 173 of the Code of Criminal Procedure ("CrPC" in short) was submitted on 28-8-2003. However, the Final Report was not accepted by the Chief Judicial Magistrate, Imphal. While rejecting the Final Report vide order dated 31-1-2004, the learned Chief Judicial Magistrate directed the Investigating Officer to re-investigate the case, more particularly, to ascertain as to how the forged letter came in possession of the Commandant. On such remand, the case was re-investigated and another Final Report on 21-10-2006. This Final Report was also turned down and another direction to re-investigate the case was issued on 26-3-2007. Thereafter, the petitioners, whose names figured in the FIR approached this Court by filing a common Criminal Petition under Section 482 of Code of Criminal Procedure seeking quashing of the FIR The said petition was registered as Cril. Petition No. 7 of 2007, which was disposed of on 18-9-2007 directing the Investigating Officer to re-investigate the case as per the direction of Chief Judicial Magistrate giving four months time for such re-investigation. After expiry of the period fixed by this Court for re-investigation, these criminal petitions have been filed under Section 482 Cr.P.C., seeking quashing of the FIR.

4. Chapter XII of Code of Criminal Procedure deals with investigation of cognizable and non-cognizable offences. After completion of the investigation, the investigating police officer submitted his report to the officer-in-charge of the concerned police station as required under Section 168Cr.P.C. Thereafter, the report is forwarded to the Court under Section 173 for acceptance. The Final Reports are of two categories. One is covered under Section 169 and other one is covered by Section 170. If the police report says that there is no evidence against the accused persons, it is called as "Final Report" in common parlance and the report submitted under Section 170 with sufficient evidence is commonly known as "Charge-sheet".

5. For the purpose of effective disposal of these criminal petitions, it is necessary to reproduce Section 169 and the relevant provisions of Sees. 170 and 173 of the Code of Criminal Procedure, which are as under:

169. Release of accused when evidence deficient.- If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial.

170 Cases to be sent to Magistrate when evidence