Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XIV

Ans. These expressions are neither defined nor used in the Cr.P.C., but they are understood as such in the Police Manuals of several States. In certain rules or regulations a report filed by the Police under Section 170 Cr.P.C. when there is sufficient materials collected for placing the accused on trial, such reports are described as "charge-sheets". (Vide para 10 of Gangadhar Janardan Mhatre v. State of Maharashtra (2004) 7 SCC 768 – Arijit Pasayat, C. K. Thakker - JJ; Para 13 of Minu Kumari v. State of Bihar (2006) 4 SCC 359 = AIR 2006 SC 1937 – Arijit Pasayat, S. H. Kapadia - JJ).

"Charge-sheet" or "final report" or whatever nomenclature used, only mean a report to be filed by an officer-in-charge of a Police station under Section 173 (2) Cr.P.C. after the conclusion of investigation. (Vide para 16 of Srinivas Gundluri v. M/s Sepco Electric Power Construction Corporation (2010) 8 SCC 206 = 2010 Cri.L.J. 4457 (SC) – P. Sathasivam, Anil R. Dave – JJ.)

Q.67 What is meant by "refer report", "referred charge", "summary" ?

Ans. These expressions are not defined or used in the Cr.P.C. But, they are understood as such in certain police manuals of several States. In the case of reports sent under Section 169 Cr.P.C. where there is no sufficient evidence to justify the forwarding of the accused for trial, such reports are referred to as "refer report", "referred charge" or "final report" or "summary". (Vide para 13 of Minu Kumari v. State of Bihar (2006) 4 SCC 359 = AIR 2006 SC 1937 – Arijit Pasayat, S. H. Kapadia – JJ.)

Q.68 When a charge sheet is filed before the Magistrate, what are the options available to the Magistrates ?

Ans. The Magistrate is not bound by the conclusion reached by the Police. If a charge sheet has been filed before the Magistrate, he has 3 options, namely,

1. He may accept the report and take cognizance of the offence and issue process, or
2. He may disagree with the report and drop the proceedings, or
3. He may direct further investigation under Section 156 (3) Cr.P.C. and require the Police to make a further report.

(Vide Ram Naresh Prasad v. State of Jharkhand (2009) 11 SCC 299 – Dr. Arijit Pasayat, Dr. M. K. Sharma – JJ; Paras 5 to 9 of Kishore Kumar Gyanchandani v. G. D. Mehrotra (2011) 15 SCC 513 = AIR 2002 SC 483 – 3 Judges – G. B. Patanaik, S. N. Phukan, B. N. Agrawal – JJ; Para 54 of Popular Muthiah v. State (2006) 7 SCC 296 – S. B. Sinha, P. P. Naolekar - JJ)

Q.69 If what has been filed before the Magistrate is a closure report/ refer report/ refer charge/ final form, what are the options available to the Magistrate?

Ans. The Magistrate has the following 3 options:-

1. He may accept the report and drop the proceedings, or
2. He may disagree with the report and ignoring the conclusions drawn by the Police he may independently apply his mind to the facts emerging from the investigation and take cognizance of the offence which is revealed by the material on record and issue process, or
3. He may order further investigation under Section 156 (3) Cr.P.C. and direct the Police to file a further report.

(Vide –

Abhinandan Jha v. Dinesh Mishra AIR 1968 SC 117 – Hidayatullah, Vaidialingam - JJ;

H.S. Bains v. State of U.T. of Chandigarh (1980) 4 SCC 631 = AIR 1980 SC 1883 – R.S. Sarkaria, O. Chinnappa Reddy - JJ;

Bhagwant Singh v. Commissioner of Police (1985) 2 SCC 537 = AIR 1985 SC 1285 – 3 Judges – P. N. Bhagwati, Amarendra Nath Sen, D. P. Nadon – JJ;

India Carat (P) Ltd. V. State of Karnataka (1989) 2 SCC 132 = AIR 1989 SC 885 – 3 Judges – Pathak – CJI, Natarajan, Venkatachaliah – JJ;

Para 40 of State of Bihar v. P.P. Sharma 1992 Supp. (1) SCC 222 = AIR 1991 SC 1260 – Kuldip Singh, K. Ramaswamy - JJ;

Para 9 of Gangadhar Janardan Mhatre v. State of Maharashtra (2004) 7 SCC 768 = AIR 2004 SC 4753 – Arijit Pasayat, C. K. Thakker - JJ;

Para 16 of Minu Kumari v. State of Bihar (2006) 4 SCC 359 = AIR 2006 SC 1937 – Arijit Pasayat, S. K. Kapadia – JJ;

Paras 11, 14 and 15 of Kishan Lal v. Dharmendra Bafna (2009) 7 SCC 685 = 2009 Cri.L.J. 3721 – S. B. Sinha, Deepak Verma - JJ;

Para 11 of Jakia Nasim Ahesan v. State of Gujarat (2011) 12 SCC 302 = AIR 2012 SC 243 – 3 Judges – P. K. Jain, P. Sathasivam, Aftab Alam – JJ.

(When a closure report is submitted by the Police, the Court before taking any decision on the report, must give notice to the complainant and furnish copies of statements of witnesses and other related documents and investigation report); Paras 21 to 26 of Vasanti Dubey v. State of M.P. (2012) 2 SCC 731 = 2012 Cri.L.J. 1309 (SC) – A. K. Ganguly, Gyan Sudha Misra - JJ.

If the refer report is filed in a matter which was forwarded under Section 156 (3) Cr.P.C., the option of taking cognizance of the offence can be exercised by the Magistrate either on the basis of the Police Report under Section 190 (1) (b) or on the basis of the original complaint under Section 190 (1) (a) Cr.P.C. (Vide H.S. Bains v. State (UT, Chandigarh) (1980) 4 SCC 631 = AIR 1980 SC 1883 – R. S. Sarkaria, O. Chinnappa Reddy - JJ; Tula Ram v. Kishore Singh (1977) 4 SCC 459 = AIR 1977 SC 2401 – Fazal Ali, Kailasam – JJ).

Q.70 Which is the enabling power of an SHO to hold an inquest over a dead body ?

Ans. Section 174 Cr.P.C. is the provision which enables an SHO to hold an inquest.

Part 13: Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XIII

Part 12: Questions & Answers By Justice V. Ramkumar- Investigation By Police-PART XII