Tri HC | No infirmity in order refusing to take cognizance of police report filed on basis of incomplete investigation

Tripura High Court: The Bench of S. Talapatra, J. dismissed a criminal revision petition challenging an order whereby the Sessions Court refused to take cognizance of a police report filed under Section 173(2) of the Code of Criminal Procedure, 1973 on the ground that further investigation was continuing against the arrested and absconding accused persons.

The question before the Court was that whether a police report can be filed in part keeping the investigation incomplete or continuing; and whether such a report could be brought within the definition of ‘police report’ under Section 2(r) of CrPC.

Learned public prosecutor submitted that the trial court was duty bound to consider the police report and infer whether any offence has been disclosed. Whereas counsel on behalf of respondent argued that a police report can be filed only after completion of investigation as there was no other provision in CrPC to file a police report in part.

The Court observed that Section 2(r) of CrPC clearly stated that a report forwarded by a police officer to the Magistrate is a police report. Whether on the basis of the said report, cognizance of any offence shall be taken by the Magistrate, is altogether a different question.

It was opined that after receipt of a police report, the Magistrate can do one of following: (i) he may decide that there is no sufficient ground for proceeding further and drop action; (ii) he may take cognizance of offence under Section 190(1)(b) of CrPC on the basis of materials in the police report; or (iii) he may direct further investigation by the police.

After a perusal of records, the Court noted that eighteen charge sheets had been filed in the instant case. Admittedly, these charge sheets were not a result of the further investigation but of a continuing investigation. Hence, it was inferred that the subject police report was not filed on completion of the investigation. In view thereof, it was held that there was no infirmity in the impugned order.[State of Tripura v. Bimal Chakraborty, 2019 SCC OnLine Tri 1, decided on 03-01-2019]

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