LexDABLU KUJUR versus THE STATE OF JHARKHAND
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* Author [2024] 3 S.C.R. 614 : 2024 INSC 197 Dablu Kujur v. The State of Jharkhand (Criminal Appeal No. 1511 of 2024) 12 March 2024 [Bela M. Trivedi* and Pankaj Mithal, JJ] Issue for Consideration The issue for consideration was the compliance of the requirements of a Police Report under Section 173(2) of the Code of Criminal Procedure, 1973. Headnotes Criminal Law – Police Report – Section 173 of the Code of Criminal Procedure, 1973 – Section 2 (r) of the Code of Criminal Procedure, 1973: Held: The Police Report under Section 173(2) Cr.P.C. being a very important piece of document from the view point of the prosecution, the defence and the court, it is incumbent upon 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. [Para 7] Code of Criminal Procedure, 1973 – s.173(2) – Report under Section 173(2) forms basis for cognizance – Charge Sheet is an opinion of the investigating officer to the concerned court: Held : Only a report forwarded by the Police Officer to the Magistrate under Section 173(2) of the Code of Criminal Procedure can form the basis for the competent court to take cognizance thereupon – A Charge Sheet under Section 173(2) of the Code of Criminal Procedure is an opinion or intimation of the investigating officer to the concerned court that on the material collected during investigation, an offence appears to have been committed by the particular person/s. [Paras 12 and 13] Criminal Law – Magistrate has three options where Police Report concludes offence is made out; and where Police Report concludes that no offence is made out. [2024] 3 S.C.R. 615 Dablu Kujur v. The State of Jharkhand Held : When a Police Report concludes that an offence appears to have been committed, the Magistrate has three options : (i) he may accept the report and take cognizance and issue process; (ii) he may direct further investigation under Section 156(3); (iii) he may disagree with the report, and discharge the accused – When the Police Report concludes that no offence appears to have been committed, the Magistrate has three options : (i) he may accept the report and drop the proceedings; (ii) he may disagree with the report and conclude that there is sufficient ground to proceed further, and take cognizance and issue process; (iii) he may direct further investigation under Section 156(3) of the Code of Criminal Procedure. Reliance placed on the Judgment in Bhagwant Singh v. Commissioner of Police & Anr., [1985] 3 SCR 942 :1985 INSC 103 : (1985) 2 SCC 537. [Para 14] Code of Criminal Procedure, 1973 – s.173(2) & (5) – Whether Final Report keeping investigation open qua other accused, or without all documents under Section 173(5) is in compliance with Section 173(2) – Would not vitiate the charge sheet: Held : Reliance placed on the Judgment in Satya Narian Musadi & Ors. v. State of Bihar (1980) 3 SCC 152, wherein it was held that the statutory requirement of Section 173(2) Cr.P.C. would be complied with if various details prescribed therein are included in the report. The report is complete if it is accompanied with all documents and statements of witnesses as required by Section 173(5) Cr.P.C. Reliance is also placed on the Judgment in Dinesh Dalmia v. CBI, [2007] 9 SCR 1124 : 2007 INSC 941 : (2007) 8 SCC 770, wherein it was held that even if all the documents are not filed, by reason thereof, the charge-sheet itself would not be vitiated in law. Relied upon the Judgment in CBI v. Kapil Wadhwan, [2024] 1 SCR 677 : 2024 INSC 58, holding that pendency of further investigation qua other accused or non-availability of documents at the time of filing of charge sheet would not vitiate the charge sheet. [Para 15] Code of Criminal Procedure, 1973 – Investigation – Procedure for investigation under Section 157 to Section 172 of the Code of Criminal Procedure, 1973 – Reports by the Police: Held: Under Section 157 of the Code of Criminal Procedure, 1973, if an officer-in-charge of a Police Station has reason to suspect the commission of an offence, which he is empowered to investigate under Section 156 of the Code of Criminal Procedure, 1973, he shall 616 [2024] 3 S.C.R. Digital Supreme Court Reports forthwith send a report of the same to the Magistrate – Such report would be in the nature of preliminary report – Under Section 169, upon completion of inves
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