Filing Of Status Reports In Criminal Cases: Delhi High Court Asks Prosecuting Agencies To Follow The Model Form Issued By Gujarat HC

A Bench of Justice Suresh Kumar Kait has directed the agencies to follow the guidelines issue by the Gujarat High Court in Thakore Laxmanji v. State of Gujarat: MANU/G/J/0267/1992, so as to ensure that orders are passed by the Courts after being fully aware of the matter.

Accordingly, it will be mandatory for all the prosecuting agencies to furnish the following information in the status reports filed before the Delhi High Court:

1. Misc. Cri. Appln. No.
2. C. R. No of Police Station.
3. Name (s) of the accused.
4. Name (s) of the deceased.
5. Name (s) of any other injured person (s).
6. Date, time & place of incident.
7. Date, time & place of filing FIR.
8. Distance between the scene of offence and Police Station where FIR filed.
9. Name of the informant, whether an eye witness ?
10. Offence alleged.
11. Weapons in the hands of the accused.
12. Part played by accused and injuries caused to the respondents.
13. Who gave fatal blow (s) to the deceased ?
14. Cause of death, whether corroborated by medical evidence on the record ?
15. Which accused injured whom ?
16. Whether corroborated by medical evidence ?
17. Motive for the alleged offence.
18. Number of eye-witnesses/injured witnesses.
• (1)Statement recorded when ?
• (2)Whether residing nearby ?
• (3)If not residing nearby, place of incident, reason for his presence?
19. Witnesses, if any, to corroborate eye-witness (es).
20. If the accused not identified at the time of the incident, whether identified during Test Identification Parade ?
21. Test Identification Parade held when?
22. Recovery or discovery of weapons used in commission of offence.
• (1)Whether blood-stained ?
• (2)Recovery or discovery of the clothes of accused and whether blood-stained ?
23. Blood origin and group of the deceased/injured.
24. Blood origin and group of accused.
25. Whether dying declaration recorded ?
• (1)If yes, how many ?
• (2)Before whom ?
• (3)Time and place.
26. Whether any cross-case is filed ? If yes, its time and place. Whether informant are of the accused ?
27. Whether any accused received injuries ? If yes, nature of injuries and whether corroborated by medical evidence ?
28. Whether any extra-judicial confession made ? If yes, when before whom?
29. Whether any confession of the accused recorded under Section 164 of the Cri. Pro. Code ?
30. If case of circumstantial evidence:
• (1)Which witness saw accused and deceased last together ?
• (2)Motive.
• (3)Conduct of the accused.
• (4)Opportunity to commit murder.
• (5)Whether recovery or discovery of the weapons, and whether blood-stained, blood origin/blood group etc.
• (6)Whether recovery or discovery of clothes and whether blood-stained, blood origin/group.
31. Whether any of the accused had any criminal antecedents ?
32. Whether investigation is in progress ?
33. Whether charge-sheet filed ?
34. Whether charge is framed ?
35. The probable date of commencement of the trial.

The order was passed in a bail application filed by Mohd. Danish, an accused in the Delhi Riots case, through Senior Advocate Salman Khurshid.

While issuing notice to the SPP and granting time to file a status report, Justice Kait observed,

"This Court has come across various status reports filed by the prosecuting agencies wherein most of the times, the details required are not mentioned therein."

In observed that faced with a similar situation, the Gujarat High Court had directed that the concerned SP or any other responsible Police Officer entrusted with the supervision of the investigation of a case as well as the PP incharge of the bail application shall be duty bound to see to it that proper counter affidavit highlighting the material aspects of the case is filed before the Court by the Investigating Officer incharge of the case.

It had said,

"In the opinion of this Court, every serious offence under I.P.C. or for that purpose under any special Acts wherein the accused prefers the bail application, if the same is not properly opposed and the accused is released on bail, the same ultimately demoralizes not only the police administration, as it also sometimes adversely affects the safety and security of the members of the aggrieved family and overall law and order situation in the society, giving the accused unjustifiable upper-hand ! Such an undesirable situation needs to be avoided at once and at any rate by taking special care and effective measures. Thus, the urgency and importance of the comprehensive counter-affidavit while opposing the bail application cannot be ignored or underestimated."

Justice Kait said that this direction will be followed before the Delhi High Court also, and all prosecuting agencies shall file status reports under affidavit as per the details sought in the said judgment.

"Copy of this order be communicated to Commissioner of Police, Delhi, Director, CBI, EOW, Director General, NCB, Director General, DRI, Director, ED and other prosecuting agencies who shall in turn issue necessary directions to the concerned Investigating Agencies to file status report under affidavit as mentioned above," the Court ordered.

Case Title: Mohd. Danish v. GNCTD

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