[S.173(2) CrPC] Prescribe Mode For Police To Inform Complainant About Completion Of Probe, Filing Of Final Report: High Court To Delhi Govt

The Delhi High Court has directed the Delhi Government to issue a notification prescribing the manner in which the details about completion of investigation and filing of final report is to be given by officer-in-charge of a police station to the complainant in terms of Section 173(2)(ii) of CrPC.

In an order passed on September 04, Justice Swarana Kanta Sharma directed that the notification may be issued within three months.

Section 173(2)(i) of Cr.P.C. states that the final report under Section 173 is to be forwarded by the officer-in-charge of a police station to the concerned Magistrate. Section 173(2)(i) directs the officer to also communicate the action taken by him to the complainant “in such manner as may be prescribed by the State Government.”

“While it is not mandatory for the State Government to notify the manner in which communication is to be made as per language used in Section 173(2), the absence of such procedure prescribed by the State Government will undoubtedly result in inconvenient consequences, and ineffective implementation of the provision under Section 173(2)(ii),” the court said.

It added that the mandatory aspect of the provision which necessitates the officer to provide information about the completion of investigation to the complainant will become redundant if the second part i.e. notifying the manner of communication, remains unenforceable.

“….despite the fact that the Code of Criminal Procedure was enacted in the year 1973, no rules in this regard have been notified till date. This oversight raises concern about compliance with the legislative intent and the rights of complainants/first informants in criminal proceedings being defeated in absence of such notification,” the court said.

Therefore, Justice Sharma directed that in the digital age, such a communication may be done using “electronic means”, observing that such direct and immediate mode of communication can eliminate delays associated with traditional methods. The court said it will ensure that the complainant is informed in a timely manner.

“It shall also make it convenient on the part of the officer concerned to complete the communication, while also ensuring that it timely reaches the first informant,” the court said.

The court also ordered that a copy of the judgment be forwarded to the Secretaries of Delhi Government’s Law, Justice and Legislative Affairs as well as Home departments, for necessary information and compliance.

Justice Sharma passed the order while dealing with a complainant’s plea challenging a trial court order dismissing her application for further investigation in a rape case. She alleged that the accused, who was enlarged on bail in 2019, established physical relations with her on false pretext of marriage.

It was the prosecution’s case that the complainant was duly informed about the filing of chargesheet. However, the complainant denied the same and contended that she only came to know about filing of chargesheet through CWC after charges against the accused were framed.

The court allowed the complainant’s prayer to further investigate the case only to the extent of four fresh incidents that that she wanted to be brought on record.

Advocates Kunal Kalra, Ankit Bhutani & Daman Yadav appeared for the petitioner.

APP Naresh Kumar Chahar appeared for the State.