AI Overview...
Closing of Statement of Accuse Class IV - Summary
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Police Final Report Closure - The police filed a final report under Section 173(2) Cr.P.C., closing the case after investigation, which is a standard procedural step indicating no further prosecution unless a protest petition is filed. This is highlighted in sources Jyothi Chincholi vs State - Telangana, J. C. Prabhakar Reddy VS L. Manjula Chief Manager, SBI Anr - Andhra Pradesh, and Saurabh VS State of Maharashtra - Bombay.
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Legal Proceedings Post-Closure - Once the police close the case with a final report, the court's role involves examining whether to take cognizance, especially if a protest petition is filed. The courts have emphasized that the closure of a case by police does not preclude judicial review if protest petitions are filed, as seen in Jyothi Chincholi vs State - Telangana and J. C. Prabhakar Reddy VS L. Manjula Chief Manager, SBI Anr - Andhra Pradesh.
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Statements and Evidence - The credibility of prior statements, including sworn affidavits or recorded statements, is crucial. Contradictions or false statements made by the accused can impact proceedings, as discussed in NIKHILDAS vs STATE OF KERALA - Kerala, STATE VS SADASIBA NAIK - Orissa, and Basavaraj R. Patil VS State of Karnataka - Supreme Court. The courts have noted that statements made by counsel or third parties cannot substitute for direct statements from the accused.
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Procedural Safeguards - The importance of proper procedure, such as summoning magistrates or recording statements under Section 164 Cr.P.C., is underscored. Denial of such requests can be a procedural error, as in NIKHILDAS vs STATE OF KERALA - Kerala.
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Impact of Closing Proceedings - The closure of proceedings or reports signifies the end of initial investigation, but subsequent legal steps like protest petitions or appeals can reopen or challenge the closure, as reflected in multiple sources.
Analysis and Conclusion
The closing of Statement of Accuse Class IV generally refers to the police's final report under Section 173(2) Cr.P.C., which signifies the conclusion of initial investigation. However, this does not mark the end of judicial proceedings; protest petitions or appeals can challenge the closure. The credibility of statements and procedural correctness are vital in such cases. Courts uphold the procedural safeguards to ensure fair trial rights, and the final report's closure can be contested if procedural errors or factual contradictions are demonstrated.
References: - Jyothi Chincholi vs State - Telangana - Prasanna S/o. Shivanna VS State By Karnataka By Mudigere Police Reptd. By State Public Prosecutor - Karnataka - NIKHILDAS vs STATE OF KERALA - Kerala - Geetanjali Gupta VS State of H. P. - Himachal Pradesh - Bharat Petroleum Corporation Ltd. VS Workmen Employed in the Refinery Division of Bharat Petroleum Corporation Ltd. & another - Bombay - SIBI SIMON vs RAMLA - Kerala - J. C. Prabhakar Reddy VS L. Manjula Chief Manager, SBI Anr - Andhra Pradesh - STATE VS SADASIBA NAIK - Orissa - Saurabh VS State of Maharashtra - Bombay - Basavaraj R. Patil VS State of Karnataka - Supreme Court
Search Results for "Closing of Statement of Accuse Class Iv"
2025 Supreme(Online)(Tel) 18806 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA, J
police report closing the case (para 3). ... The petitioner, accused No.3, sought to quash proceedings under C.C.No.1733 of 2024 initiated post a protest petition against a final ... If at all the said sworn statement is believed to be true, the said statement is recorded on 10.05.2022. ... The learned petitioner counsel has submitted that initially a complaint was lodged against the petitioner and the Police after thorough investigation have filed a final report by closing the case, but a protest petit....
2019 0 Supreme(Kar) 1391 • India - Karnataka
K.N.PHANEENDRA, H.B.PRABHAKARA SASTRY
who was an estate writer of said estate restrained them by showing a gun which he was holding and closing her mouth he took her ... Section deviates from his early statement given in his evidence in trial to what extent his previous statement Section can be used ... can be used to corroborate or contradict that witness- Thus even though it is clear that if person who has alleged to have given statement ... them and closing the mouth of her sister PW.1 took her from the place and seeing the same, she r....
2025 Supreme(Online)(Ker) 16999 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
person who recorded the prior statement, and denying this opportunity is a serious procedural error. ... The request to summon the Magistrate who recorded PW3's statement was denied, leading to this petition. ... Procedure, 1973 - Section 164 - Examination of witness - Request to summon Judicial Magistrate to prove contradictions in witness statement ... The order dated 18.11.2023 of the Additional Sessions Court, Irinjalakuda, in CMP No.283/2023 in S.C.No.823/2021, disallowing the request of the accused Nos.2 & 5 in th....
2018 0 Supreme(HP) 572 • India - Himachal Pradesh
SURESHWAR THAKUR
P.C. and the binding nature of the earlier statement made by the prosecution's predecessor-in-office. ... , and it was not appropriate for the successor-in-office to make strivings for reviewing the earlier statement. ... Ratio Decidendi: The court held that the statement made by the predecessor-in-office of the prosecution was binding and conclusive ... After the learned APP concerned, hence examining the aforesaid number of prosecution witnesses, she made a statement before the learned trial Judge, qua hers ....
2000 0 Supreme(Bom) 790 • India - Bombay
R.J.KOCHAR
Section 28-Industrial Disputes Act, 1947, Sections 10(1)(c), 12, 24 and 25-50% wages allowed for strike period-Legality-Management closing ... anticipation of illegal strike it shut some shifts-Precautionary measure-Only workers who pleaded not to go on strike were allowed-Closing ... The organised section of the working class surely falls in the class of "Haves" and it possesses enough strength to strike at the ... ... iv) (The Statement Limited and Their Workmen)4, reported in 1976(1) L.L.J. 482. ......
2025 Supreme(Online)(KER) 5718 • India - High Court of Kerala
C.S. Sudha, J
The accused claimed no financial transaction occurred, raising doubts about the cheque's validity. ... , finding no financial transaction established - Acquittal upheld as the accused raised reasonable doubt regarding the transaction ... Appeal against acquittal - Complainant alleged dishonor of cheque for ₹50,000/- due to insufficient funds - Trial court acquitted accused ... After closing the evidence of the complainant, the accused was duly questioned under Section 313(1)(b) Cr.P.C., she denied the e....
2020 0 Supreme(AP) 621 • India - Andhra Pradesh
M.SATYANARAYANA MURTHY
The police filed a final report under Section 173(2) Cr.P.C, closing the report. ... /first respondent, the then Chief Manager, State Bank of India, Tadipatri, and her colleagues from carrying out their duties by closing ... cognizance of an offense under Section 204 Cr.P.C if the police have already filed a final report under Section 173(2) Cr.P.C, closing ... The police filed final report under Section 173(2) Cr.P.C, closing the report and thereupon, a protest petition was filed on receipt of a notice which was dismiss....
1955 0 Supreme(Ori) 109 • India - Orissa
RAO, R.L.NARASIMHAM
The contradictory statements made by the accused were intentionally false because the accused had made a statement in the committing ... The contradictory statements prima facie showed that the accused made a false statement intentionally. 3. ... The charge against the accused was framed incorrectly because it did not include the statement made by the accused in the committing ... The accused had....
2018 0 Supreme(Bom) 550 • India - Bombay
K.L.WADANE
complainant respondent no was intending to file complaint with police - Therefore delay in filing first information report and closing ... conducted investigation and submitted charge sheet - Petitioners filed application for discharge but Judicial Magistrate First Class ... instead of quashing proceedings it would be in interest of justice to transfer proceedings from court Judicial Magistrate First Class ... Therefore, the delay in filing the first information report and closing of the earlier complaint cannot the grou....
2000 6 Supreme 586 • India - Supreme Court
K.T.THOMAS, R.P.SETHI, S.N.VARIAVA
Any such statement made by his counsel cannot bind the accused. ... The imaginative suggestions of the counsel cannot be a substitute for the taking of the statement from the accused. ... Such a statement by which the accused may admit, any of the allegations or circumstances appearing against him, cannot be made by ... State of Maharashtra & Anr.4 as the Bench has widened the sweep of the provision concerning examination of the accused after closing....
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