The Magistrate must consider both the original and supplementary reports before deciding on the progression of a case, as established by the Supreme Court.

O R D E R

This Criminal Miscellaneous Case is filed to quash the proceedings in CC No.1284/2016 pending before the Judicial First Class Magistrate Court-I, Hosdurg, arising from Crime No.303/2016 of Hosdurg Police Station. The above case is charge sheeted alleging offences punishable under Sections 294(b), 323, 341, 354, 506(i) r/w 34 of IPC.

2. The petitioners are accused Nos.1 and 2 in the above case. The said case was instituted based on a first information statement given by the 2nd respondent on 26.03.2016 before the Hosdurg Police.

Based on the same, Annexure-I FIR was registered. After investigation is over, final report was filed as evident by Annexure-II, alleging offences punishable under Sections 341, 323, 294(b), 506(i) r/w 34 of IPC. According to the petitioners, the allegation against the petitioners are false and manipulated.

3. It is submitted that a further investigation was conducted in this case and a supplementary final report under Section 173 (8) Cr.P.C. was filed by the Police and it is stated that, it is a refer report. Annexure-III is the refer report. In Annexure-III refer report, it is stated that the 2nd respondent and her husband were engaged in verbal spat with the petitioners with respect to a disputed pathway and no assault and injury occurred pursuant to the said incident. When Annexure-III refer report was filed, the learned Magistrate rejected the same as per order dated 17.08.2018, which is evident from Annexure-IV proceeding sheet. Thereafter, the accused is directed to appear. Aggrieved by the same, this Criminal Miscellaneous Case is filed.

4. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor. I also heard the counsel appearing for the defacto complainant.

5. The short point raised by the petitioners is that, originally the case is charge sheeted and subsequently after further investigation, it is found that the matter is false and a refer report is filed. According to the petitioner, if a further report is filed after further investigation, the learned Magistrate has to consider the refer report along with the original report and thereafter decide whether the case is to be proceed or not. I think, there is force in the above argument. The Apex Court considered this point in detail in Luckose Zachariah @ Zak Nedumchira Luke v. Joseph Joseph and Others (2022 KHC 6253). It will be better to extract paragraph Nos.15 and 16 of the above said judgment:

“15. The Sessions Judge was justified in setting aside the order of the Magistrate for the simple reason that after the supplementary report submitted by the investigating ofÏcer, the Magistrate was duty bound in terms of the dictum in paragraph 42 of the decision in Vinay Tyagi (supra), as well as the subsequent three - Judge Bench decision in Vinubhai Haribhai Malaviya (supra) to consider both the original report and the supplementary report before determining the steps that have to be taken further in accordance with law. The Magistrate not having done so, it was necessary to restore the proceedings back to the Magistrate so that both the reports could be read conjointly by analyzing the cumulative effect of the reports and the documents annexed thereto, if any, while determining whether there existed grounds to presume that the appellants have committed the offence. The order of the Sessions Judge restoring the proceedings back to the Magistrate was correct to that extent. However, the Sessions Judge proceeded to rely upon the decision of a Single Judge of the Kerala High Court in Joseph (supra), where it was held that:

“7. (xxxxx xxxxxx) When a positive report under S. 173(2) of Cr.P.C. is followed by a negative report under S. 173(8) Cr.P.C. and cognizance has been taken upon the former report, the Magistrate shall proceed with the case ignoring the latter report. But the supplementary report and the papers connected therewith shall form part of the record of the case and can be used at the trial. What I sh