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2024 Supreme(Online)(SC) 485
SUPREME COURT OF INDIA
Bela M. Trivedi, J
Dablu Kujur – Appellant
Versus
State Of Jharkhand – Respondent
CRIMINAL APPEAL NO. 1511 OF 2024
The report filed under Section 173(2) CrPC must contain all statutory particulars. While further investigation under Section 173(8) is permissible, police must strictly adhere to the mandatory requirements of Section 173(2) to ensure the chargesheet is complete and maintainable for taking cognizance of offences.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 173(2) - Police Report/Chargesheet - Statutory requirements - The Investigating Officer is duty-bound to ensure that the police report filed under Section 173(2) CrPC contains all mandatory particulars as prescribed by the State Government and law, including information on the parties, nature of the case, witness details, and arrest status. Failure to comply with these statutory requirements complicates legal proceedings. (Paras 7, 12, 17)
(B) Criminal Procedure - Bail - Default Bail - Pendency of further investigation - Relying on settled law, the Court clarified that filing a chargesheet without all documents or keeping investigation open qua other accused does not vitiate the chargesheet nor grant the accused an indefeasible right to default bail under Section 167(2) CrPC, provided the court has accepted the materials to take cognizance. (Para 15)
Facts of the case:
The appellant sought bail in a criminal case involving charges under the IPC and Arms Act. During appellate proceedings, the Court observed that the chargesheets being filed were often bereft of necessary details and particulars. The Court directed state authorities to ensure future compliance with the Code of Criminal Procedure regarding the submission of investigation reports.
Findings of Court:
The Court declined to release the appellant on bail as the trial was at its final stages. However, it issued comprehensive directions to all police stations across States and Union Territories to strictly comply with the specific requirements of Section 173(2) CrPC in their reports.
Issues: The main issues were whether the appellant was entitled to bail and whether procedural lapses in filing chargesheets justified remedial directions to law enforcement agencies.
Ratio Decidendi: The Investigating Officer must strictly comply with the reporting requirements under Section 173(2) of the CrPC to facilitate the judicial process, though minor deficiencies or pendency of further investigation do not automatically invalidate a chargesheet for the purpose of cognizance or default bail.
Result: Appeal disposed of with procedural directions.
| Table of Content |
|---|
| 1. bail denial due to trial nearing completion. (Para 1 , 2 , 3 , 4) |
| 2. statutory necessity of detailed police reports under section 173(2) crpc. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. mandatory checklist and guidelines for police investigation reports. (Para 17 , 18 , 19) |
J U D G M E N T
BELA M. TRIVEDI, J.
1. Leave granted.
2. The appellant-accused, by way of the present appeal has challenged the impugned judgment and order dated 17.01.2023 passed by the High Court of Jharkhand at Ranchi in B.A. No.11895 of 2022, whereby the High Court has dismissed the said application seeking his release on bail in respect of the FIR being Sukhdeonagar P.S. Case No.-238/2022 dated 30.05.2022 registered for the offences under Sections 302, 120-B/34 of IPC and Section 25(1-B) A/26/27/35 of the Arms Act.
3. During the course of arguments, it was apprised to the Court that the trial is at the fag end and almost all the witnesses have been examined by the prosecution except one witness.
4. In view of the above, we are not inclined to release the appellant on bail, more particularly, when the trial is at the fag end.
5. Before parting, it may be noted that on 17.07.2023, this Court (Coram- Mr. Justice Sanjiv Khanna and Ms. Justice Bela M. Trivedi) had passed the following order: -
“The learned counsel for the State of Jharkhand states that Sections 34 and 120B of the Indian Penal Code, 1860 have been SLP(Crl.) No. 2874/2023 invoked against the petitioner - Dablu Kujur.
Having gone through the chargesheet, we must observe that it is bereft of any details and particulars. The Director General of Police (DGP), State of Jharkhand will examine whether the said chargesheet is in accordance with law, and if such chargesheets are being filed, appropriate steps should be taken in compliance with the relevant provisions of the Code of Criminal Procedure, 1973. The DGP, State of Jharkhand will file an action report within a period of four weeks from today.
We are told that similar chargesheets bereft of details and particulars are being filed in the States of Bihar and Uttar Pradesh. A copy of this order will also be sent to the relevant DGPs for the States of Bihar and Uttar Pradesh, who will submit their respective reports on the steps taken by them within four weeks from today.
Keeping in view the facts of the present case, we are inclined to direct the trial court to examine the public witnesses within a period of four months from today, without fail. Status report along with copy of the order sheets will be filed immediately upon completion of four months.
List for consideration and orders in the first half of December 2023”.
6. In compliance with the said order, the affidavits are filed on behalf of the State of Jharkhand, Uttar Pradesh and Bihar with regard to the steps taken/being taken by them for submitting the Chargesheets/Police Reports in accordance with law.
7. The Police Report submitted by the police under Section 173(2) being very important piece of document from the view point of the prosecution, the defence and the court, we deem it necessary to elaborately deal with the various aspects involved in the said provision. For the reasons stated hereinafter, we are of the opinion that it is incumbent on the part of the Investigating Officer to strictly comply with the requirements of the said provisions, as non-compliance thereof gives rise to many legal issues in the court of law.
8. As per Section 2(r) of Cr.P.C, “Police Report” means a report forwarded by a Police Officer to a Magistrate under sub-section (2) of Section 173.
9. Section 173 reads as under: -
“173. Report of police officer on completion of investigation. —
(1) Every investigation under this Chapter shall be completed without unnecessary delay.
[(1A) The investigation in relation to [an offence under sections 376,376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E] from the date on which the information was recorded by the officer in charg
