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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS
Greeshma @ Sreekutty D/o Sindhu – Appellant
Versus
Deputy Superintendent of Police, Thiruvananthapuram – Respondent
JUDGMENT :
BECHU KURIAN THOMAS, J.
1. Can the head of a Special Investigation Team, specially constituted to investigate a crime, who is not the officer-in- charge of a police station, file a final report under section 173 Cr.P.C? The aforesaid question arises for consideration in this proceeding.
2. Petitioners are the three accused in S.C. No.764/2023 before the Additional Sessions Court, Neyattinkara, which arose out of Crime No.1311 of 2022 of the Parassala Police Station. They face an indictment for the offences under sections 302, 364, 328, 201 and 203 r/w section 34 of the INDIAN PENAL CODE , 1860. After the case was committed to the sessions court, petitioners questioned the order of committal of the case through an application filed as CMP No. 81/2023, contending that the investigating officer who had filed the final report did not possess the jurisdiction to do so. The learned Sessions Judge dismissed the said application by the impugned order against which this challenge has been raised under section 482 of the Code of Criminal Procedure 1973 (for short ‘the Cr.P.C’).
3. The case relates to the death of a young man named Sharon Raj. The prosecution alleges that the accused
A superior officer, particularly the head of a Special Investigation Team, is permitted to file a final report under Section 173 of the Cr.P.C., provided lawful delegation occurs.
The main legal point established in the judgment is that a superior officer, such as the head of a Special Investigation Team, can be competent to file a final report under section 173 Cr.P.C. even i....
The authority to file a charge sheet rests solely with the Investigating Officer, and any directive from a superior officer is unlawful, violating the right to a fair investigation.
Investigation proceedings remain valid despite procedural defects if sufficient substantive evidence supports charges, emphasizing the necessity of proper police authorization and hierarchical compli....
Corrupt practices - Investigation - It is for investigating agency to submit a report to Magistrate after full and complete investigation - Investigating agency may submit a report to effect that all....
The accused has no right to seek further investigation after a charge sheet is filed, and discrepancies in evidence are to be resolved at trial.
A Magistrate is required to consider all police reports, including supplementary reports, before making decisions on charges, ensuring procedural fairness in criminal proceedings.
Police Report submitted by police under Section 173(2) is a very important piece of document from view point of prosecution, defence and court.
Proper filing of FIRs under Section 154 is vital for a valid investigation. Investigations under Sections 174-176 serve a limited purpose, mainly determining apparent causes of death, and cannot subs....
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