AI Overview...
- Section 173 CrPC - Main points and insights:
- It mandates the submission of a police report (charge sheet) by the investigating officer after completing the investigation, typically upon conclusion under Chapter 14 of the CrPC Murugesan VS Kothandam - Madras, Gajadhar Poojari VS State of Rajasthan - Rajasthan, Srawan Kumar Tiwari VS State of U. P. & Ors. - Allahabad.
- The report under Section 173 is crucial for enabling the Magistrate to decide whether to take cognizance of the offence and proceed further Srawan Kumar Tiwari VS State of U. P. & Ors. - Allahabad.
- The investigation is initiated under Section 156(3) CrPC, and the police are directed to submit the report under Section 173 after investigation Murugesan VS Kothandam - Madras.
- The report includes details of the investigation, statements recorded, and evidence collected, which the Magistrate reviews to determine the next steps R. Muralidharan VS Union Territory Administration, Chandigarh - Punjab and Haryana.
- Non-compliance with certain provisions related to the report, such as Section 173(5), does not automatically entitle the accused to bail; courts have clarified the scope and interpretation of these provisions Samedur Rahman VS State Of Assam - Gauhati, MD. HASIB VS IMAMUDDIN HAJI - Calcutta.
- The scope of the police report under Section 173 is distinct from reports under Section 202 CrPC, and the two are not interchangeable MD. HASIB VS IMAMUDDIN HAJI - Calcutta.
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The court emphasizes that the Magistrate's jurisdiction begins upon receipt of the police report under Section 173, and subsequent procedural steps, such as issuing process under Section 204, follow if cognizance is taken Srawan Kumar Tiwari VS State of U. P. & Ors. - Allahabad.
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Analysis and conclusion:
- Section 173 CrPC plays a pivotal role in the criminal justice process by formalizing the police's investigation report, which serves as the basis for judicial cognizance and further proceedings.
- Proper compliance with the provisions, especially regarding the timely submission and completeness of the report, is essential for the smooth progression of cases.
- Courts interpret the provisions to ensure that procedural requirements are met without unnecessarily delaying justice, while also clarifying the scope of the police report's influence on bail and cognizance.
- Overall, Section 173 CrPC ensures a structured process for investigation and prosecution, balancing investigative thoroughness with judicial oversight Gajadhar Poojari VS State of Rajasthan - Rajasthan, Srawan Kumar Tiwari VS State of U. P. & Ors. - Allahabad.
References: - Murugesan VS Kothandam - Madras - Gajadhar Poojari VS State of Rajasthan - Rajasthan - CBI, NEW DELHI VS MOHINDER SINGH - Supreme Court - Ishwar Pratap Singh VS State of Uttar Pradesh - Supreme Court - MD. HASIB VS IMAMUDDIN HAJI - Calcutta - Varla Krishna & Chinna Krishna VS State of A. F. C. B. C. I. D Vijayawada - Andhra Pradesh - Hitesh Gandhi VS Enforcement Directorate Office (ED) - Himachal Pradesh - Samedur Rahman VS State Of Assam - Gauhati - R. Muralidharan VS Union Territory Administration, Chandigarh - Punjab and Haryana - Srawan Kumar Tiwari VS State of U. P. & Ors. - Allahabad
Search Results for "Section 173 Crpc"
1969 0 Supreme(Mad) 406 • India - Madras
KRISHNASWAMY REDDY
a report under Section 173, CrPC. ... The Magistrate directed the police to investigate under Section 156(3), CrPC, and submit a report under Section 173, CrPC. ... CRIMINAL PROCEDURE CODE - SECTION 156(3), 173 - INVESTIGATION - REPORT - MAGISTRATE - COGNISANCE - SECOND COMPLAINT - ABUSE OF ... The investigation was accordingly done by the Police officer under Chap. 14, Criminal Procedur....
2005 0 Supreme(Raj) 762 • India - Rajasthan
K.C.SHARMA
173, CrPC. ... 173, CrPC. ... 173, CrPC, in the Court of competent jurisdiction. ... In this view of the matter, I feel it in the interest of justice to direct the investigating officer to complete the investigation expeditiously and submit the report under Section 173, CrPC. ... 5. ... In this petition, the grievance of the petitioners is confined only to the extent that respondents be directed to complete the investigation expedi....
2003 0 Supreme(SC) 280 • India - Supreme Court
P.VENKATARAMA REDDI, K.G.BALAKRISHNAN
APPEAL - CHALLENGING ORDER - SUPPLY OF DOCUMENTS UNDER SECTION 173 CRPC Fact of the Case: The appellant challenged ... Finding of the Court: The court analyzed the provisions of Section 173 and 172(2) CRPC, and concluded that the court ... Issues: The main issue was the supply of documents and case diaries under Section 173 CRPC and the restrictions placed under ... THE LEARNED ADDITIONAL SOLICITOR GENERAL SUBMITS THAT THE APPEL....
2017 0 Supreme(SC) 1715 • India - Supreme Court
KURIAN JOSEPH, AMITAVA ROY
CrPC - Quashing of Supplementary Report - Section 173 of CrPC - SC/ST (Prevention of Atrocities) Act - [Section 482 CrPC, Section ... Report filed under Section 173 of CrPC. ... Report filed under Section 173 of CrPC, which added charges under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act at ... The High Court declined to exercise....
1985 0 Supreme(Cal) 22 • India - Calcutta
S.N.SANYAL
Whether the police report under section 173 CrPC was a report under section 202 CrPC? 3. ... No, the police report under section 173 CrPC was not a report under section 202 CrPC. 3. ... of the offense, and that the police report under section 173 CrPC was not a report under section 202 CrPC. ... Such an investigation embraces ....
• India - Andhra Pradesh
RADHAKRISHNA RAO
173(2)', 'SECTION 173(5)', 'SECTION 190(1)(B)', 'SECTION 200', 'SECTION 203'], 'SUMMARY': 'The court interpreted the provisions ... 173(2) CrPC, even though the report was subsequently returned for compliance with certain omissions under Section 173(5) CrPC. ... 173(2) CrPC, even though the report was subsequently returned for compliance with certain omissions u....
2024 0 Supreme(HP) 225 • India - Himachal Pradesh
VIRENDER SINGH
It also highlighted the compliance of Section 173 CrPC and the interpretation of the word 'shall' in sub-section (5) as directory ... PMLA - Bail Applications - Section 167 CrPC, Sections 44 and 45 of PMLA - [167, 173] - The court discussed ... the provisions of Section 167 and 173 CrPC, and the distinction between 'arrest' and 'custody' as per relevant case laws. ... Section 2(r....
2020 0 Supreme(Gau) 129 • India - Gauhati
MIR ALFAZ ALI
Ratio Decidendi: Non-compliance with Section 173(5) CrPC does not entitle default bail. ... The petitioner sought bail on the grounds of non-compliance with Section 173(5) CrPC and the length of detention. ... Finding of the Court: The court found that non-compliance with Section 173(5) CrPC does not entitle the petitioner ... form in terms of Section 173 CrPC. ... Doley did n....
1990 0 Supreme(P&H) 391 • India - Punjab and Haryana
HARBANS SINGH RAI
173 CrPC, and statements recorded under Section 161 CrPC. ... 173 CrPC, and statements recorded under Section 161 CrPC. ... The court noted that the Magistrate had perused the report under Section 173 CrPC, statements recorded under Section 161 CrPC, and ... The FIR, report under Section 173 Criminal Procedure Code#H....
2010 0 Supreme(All) 1956 • India - Allahabad
SHRI KANT TRIPATHI
Ratio Decidendi: The court emphasized that the Magistrate's jurisdiction begins with the submission of the police report under section ... in such situation, the Magistrate, on receipt of the police report under section 173 CrPC, if decides to take cognizance of the offence, has to issue a process under section 204 CrPC for procuring the attendance of the accused. ... If the police report is filed under section 173 CrPC, the Magistr....
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