POLICE REPORT

POLICE REPORT

What is “Police Report”. Police Report means a report forwarded by a police officer to a Magistrate under subsection (2) of Sec. 173 Cr.PC vide the definition given in Section 2 (r) Cr.PC. As soon as investigation of a case involving at least one cognizable offence is completed by the police, the officer-incharge of the police station, where the case has been registered, has to submit a report to the Magistrate. The Magistrate here refers to any Magistrate competent to take cognizance. He is generally a Judicial Magistrate, First Class, a Judicial Magistrate, Second Class may also take cognizance, provided that he is specially empowered to do so by the Chief Judicial Magistrate. Hence, the report submitted by the officer-in-charge of the police station to the competent Judicial Magistrate at the end of investigation, incorporating Agency, is knows as “Police Report”. Note: It has a technical meaning as defined. Each and every report submitted by the police is not to be designated as “Police Report”.

Police Report – what it should contain. Names of the information and the accused. Nature of the information. Names and necessary particulars of the witnesses. Whether a prima facie case as to the commission of an offence has been made out. If so who appears to have committed the offence. Whether the accused has been arrested. Whether the accused has been released on bail, if so, with or without sureties. Whether the accused has been produced before the Magistrate under arrest. Note: The police report should be in the form prescribed by the State Government.

Police Report reflects police opinion. The final step in the investigation of an offence is the formation of opinion by the O.C. of the P.S. The opinion ought to be based on the evidence collected in course of investigation. The ultimate opinion to be formed by the police is whether the case in hand is one which ought to be sent up for trial. This will mainly depend upon: Whether the case is true or false. If true, whether the offenders have been discovered or not. Whether they have been arrested or not. Whether there is sufficient evidence to prosecute them.

Police Report-its Nature: Police reports may be broadly categorized under two heads, namely: (i) Charge-Sheet and (ii) Final Report. If the case is sent up for trial, the report made therein is known as “Charge-Sheet”. Whether the case is not sent up for trial, the report submitted by the police is called “Final Report”.

Final Report-the circumstances in which it may be submitted: At the close of investigation, the police may find that the case reported is true but clue is available, despite efforts made in that direction. Here, the case remains undetected and the report that the O.C. will submit to the Magistrate is known as “Final Report”. The end of the investigation, the police may find that the case reported is false in such an event, the question of sending up anybody for trial for the offence reported earlier does not arise, the report that the O.C. will submit to the Magistrate is also called “Final Report”. The O.C. may, however proceed against the informant who lodged false information with the police. Action may be either u/s 182 I.P.C, u/s 211 I.P.C as the case may be. At the end of the investigation, police may find that the case is neither true nor false, that it is, based on mistake of facts or is of civil nature. In such event, the O.C. will also submit final report. At the end of the investigation, the police may find the case true, and discover the offender but the evidence forthcoming is insufficient to justify prosecution of the accused. Here again, the police will have to submit a final report on the ground of insufficient evidence. Such a case falls u/s 169 Cr.P.C.

Charge Sheet: It means the police report by which the police seek to place the alleged offender on trial and invite the Magistrate to take cognizance for the purpose of proceeding against him according to law. A charge sheet is submitted when the case is covered under sec. 170 Cr.PC that is, when at the end of investigation, it appears to the O.C. of the P.S. that there is sufficient evidence or reasonable grounds for trial of the accused.

What the Magistrate should do on receipt of the Police Report ? This will depend upon the nature of the police report. If it a charge-sheet, the Magistrate may take cognizance upon the “police report”. On the other hand, if the Magistrate is opinion that the facts disclosed in the police report do not make out an offence or that there is no sufficient evidence for trial, he may decline to take cognizance upon that charge-sheet. If the report submitted by the police is a final report, the Magistrate may agree with it and direct the case to be dropped and the accused, if arrested, to be discharged. On the other hand, if the Magistrate does not accept the final report he may take any of the following steps: He may direct further investigation to be made by the police u/s 156 (3) Cr.PC. He may ignore the conclusion of the police and take cognizance of the offence u/s 190 (1) (b) on the material on the police report. It would be on the basis of the statements of witnesses and upon the facts disclosed by the police report, not withstanding the opinion of the police to the contrary. If a petition of protest is filed by the party aggrieved at the final report, the Magistrate may treat that petition as complaint and take cognizance u/s 180 (i) (a) Cr.PC.

Can the Magistrate direct the police to submit a charge sheet ? No, he can not. To direct the police to submit a charge-sheet is to ask them to do a particular thing in a particular way during investigation which is tantamount to interfering with the police investigation. Police alone have full control over investigation and the Magistrate has no power to interfere with such proceedings. Can the police make further investigation on after a police report u/s 173 (12) Cr.PC has been submitted to the Magistrate ? Yes, the provisions as contained in subsection 18 of section 173 Cr.P.C recognise the right of the police to make further investigation, even after the submission of a final report u/s 173 (23). Police may, therefore, reopen investigation and

but the case after police investigation is found to be non-cognizable. In such a situation, the report submitted by the police should be deemed to be a complaint vide the explanation below the definition of the term complaint as given in sec. 2 (d) Cr.P.C. The Magistrate may take cognizance upon that complaint u/s 190 (1) (a) Cr.P.C and proceed u/s 200 Cr.P.C and other provisions of chapter XV, Cr.P.C. Taking of cognizance the meaning of the expression: To take cognizance, in the context of presentation of a complaint or submission of a police report to the competent Magistrate, is to take judicial notice of the alleged commission of the offence with a view to proceeding according to law. It does not imply any formal action on the part of the Magistrate. What is actually involved is application of judicial mind to the allegations made in the complaint or in the police report, for the purpose of taking appropriate legal steps. Cognizance is taken of an offence and not of any accused. Hence, the Magistrate can not refuse to take cognizance upon a charge-sheet where the accused has been shown to be an absconder. “The non-availability of the accused is not a ground for not taking cognizance of the offence alleged in the charge-sheet.

Institution of Criminal Proceedings in Court: Mere presentation of a complaint or a charge-sheet to the court of Magistrate does not constitute “Institution of a Criminal Case in Court”. A criminal case is said to have been instituted in a court only when the Magistrate takes cognizance of the offence alleged therein.