The registration of an FIR initiates the investigation, and the filing of the police report concludes it. The Magistrate's role is to take further action based on the final report, and the distinction between a 'charge sheet' and a 'final report' was clarified.

1. Hemavathy, defacto complainant, wants a direction to the respondent to complete the investigation in Crime No. 493 of 2012 expeditiously and file final report before the learned VII Metropolitan Magistrate, G.T., Chennai.

2. Hemavathy lodged a complaint with B-2, Esplanade Police Station. Based on that, a case in Crime No.493 of 2012 has been registered by the police.

3. The grievance of Hemavathy is that till date investigation is not completed and final report has been filed. Already, she had moved this Court in Crl.O.P.No.6198 of 2013 for similar direction. Then, it was reported to the court that investigation has been completed and final report also has been filed.

4. The learned counsel for the petitioner submitted that the copy application filed for copy of the final report was returned by the learned Magistrate since no such report was filed. The learned counsel also submitted that till date the FIR is pending.

5. The learned Additional Public Prosecutor submitted that the final report has already been filed and the complaint has been closed. R.C.S notice also has been served on the petitioner.

6. I have considered the rival submissions. Perused the records.

7. Registration of FIR under Section 154 of Cr.P.C is starting point for investigation. Investigation comes to an end on filing of Police report (See : Section 173 Cr.P.C.). The interregnum period is the field reserved for Investigating Officer. On filing of the final report, the ball will be in the Court of the learned Magistrate. He has to take further action.

8. In Police Standing Orders, it is mentioned that on conclusion of investigation, the Investigating Officer shall file "charge sheet". But, nowhere in the Code of Criminal Procedure, the word "Charge sheet' has been mentioned. But as per law, framing of charge against accused is the function of the Court.

9. Under Section 173 Cr.P.C., the report submitted by the Investigating Officer is "Police Report" [See Section 2(r) Cr.P.C.]. It is also known as Final Report. It does not always mean a positive report, namely, 'offences appears to have been committed'. It may be positive or negative. If it is positive, it is called as "charge sheet". If it is negative, it is called "referred charge sheet". But these words are not employed in the Code.

10. As per the instructions in the Police Standing Order, such negative report (referred charge sheet) has to be informed to the defacto complainant by issuing a police notice (R.C.S. notice) and thereafter only such negative report has to be filed before the Court. So final report does not always mean charge sheet. An F.I.R. may be referred as "mistake of fact", "mistake of law", "Accidental fire", "a civil case", etc. Then it is negative report. But, it is also a (police) report.

11. Once FIR is registered under Section 154 Cr.P.C., every step in the investigation has to be reported to the jurisdiction Magistrate, who has monitoring role over the Investigating officer during investigation, but the Magistrate cannot and should not direct the manner or method of investigation. Court cannot take the role of Investigating Officer. After the registration of the FIR, it is the bounden duty of the Investigating Officer to report to the Court as to his investigation, whether it is negative or positive. It is the duty of the Magistrate to pass orders thereon.

12. Once a report, whether positive or negative is filed, few courses are opened to the Magistrate. If it is a "positive report", the Magistrate has to take cognizance of the offences mentioned therein [See Section 190 Cr.P.C.]. If it is a "negative report", certain courses are opened to the Magistrate. Either the Magistrate accept such a conclusion of the Investigating Officer or he can come to a different conclusion, if there are positive materials and he can take the case on file, in other words, he can take cognizance. If the Magistrate finds some loose ends or need clarification, he can direct the inv