Back
A.N.SEN, D.P.MADAN, P.N.BHAGWATI
Bhagwant Singh – Appellant
Versus
Commissioner Of Police – Respondent
Key Points: - The informant must be given an opportunity to be heard at the time of consideration of the police report if the Magistrate decides not to take cognizance and to drop the proceedings or to proceed against some persons (!) . - The informant is entitled to receive a copy of the police report forwarded to the Magistrate under Section 173(2)(i) and to be informed of action taken by the police under Section 173(2)(ii) (!) . - If the report states that no offence appears to have been committed, the Magistrate may drop the proceeding or proceed against others; the informant’s interests are protected by requiring hearing in such cases (!) . - The injured person or a relative of the deceased may appear and make submissions at the time of consideration of the report, but they are not automatically entitled to notice; the Magistrate is bound to hear them if they appear, and may, in discretion, give notice, though lack of notice does not invalidate the order (!) . - The judgment directs that copies of the judgment be circulated to High Courts and Magistrates nationwide for guidance on these points (!) . - The discussion covers the relevant provisions: CrPC 154, 156, 157, 173, 190(1)(b) and their interplay with informant rights and Magistrate’s options upon receiving a police report (!) (!)
Judgment
BHAGWATI, J.:- The short question that arises for consideration in this writ petition is whether in a case where First Information Report is lodged and after completion of investigation initiated on the basis of the First Information Report, the police submits a report that no offence appears to have been committed, the Magistrate can accept the report and drop the proceeding without issuing notice to the first informant or to the injured or in case the incident has resulted in death, to the relatives of the deceased. It is not necessary to state the facts giving rise to this writ petition, because so far as this writ petition is concerned, we have already directed by our order dated 28th November, 1983 that before any final order is passed on the report of the Central Bureau of Investigation by the Chief Metropolitan Magistrate, the petitioner who is the father of the unfortunate Gurinder Kaur should be heard. Gurinder Kaur died as a result of burns received by her and allegedly she was burnt by her husband and his parents on account of failure to satisfy their demand for dowry. The circumstances in which Gurinder Kaur met with her unnatural death were investigated by the
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
