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since 1985 practicing as advocate in both civil & criminal laws

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Sunday, October 3, 2010

SEC.173 OF Cr.P.C. - report / charge sheet -I

REPORT OF POLICE OFFICER ON COMPLETION OF INVESTIGATION -[1]. Every investigation under this chapter shall be completed without unnecessary delay. [chapter = information to the police and their powers to investigate chapter xii ]. [2] [i] As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the state Government, stating -[a]. the names of the parties ; [b]. the nature of the information;[c]. the names of the persons who appear to be acquainted with the circumstances of the case; [d]whether any offence appears to have been committed and if so by whom ; [e]. whether the accused has been arrested;[f] whether he has been released on his bond and if so whether with or without sureties; [g]. whether he has been forwarded in custody under sec.170. -------------------------------------------------------------------------------------it is just and necessary to discuss about the chapter xii. sec. 154 - on information F.I.R. must be registered, if refused to register, he may send it by post to S.P. and also by hand in writing. Sec. 155 - information as to non-cognizable cases and investigation of such cases, must be registered only on the direction of court. no power to arrest without warrant. sec.156- investigate into cognizable offence, without order of court., including referred by court under sec190 and no one can question the station house officer of his power to investigate. first information report is first step and arrest is next step in investigation. investigation is the primary function of the police and the arrest is the secondary function in investigation. sec.157- procedure for investigation - [1] t he S.H.O. he himself or depute any authorized person , by sending reports to magistrate and higher officials, to proceed, to the spot, to investigate the facts and circumstances of the case, and if necessary, to take measures for the discovery and arrest of the offender. provided [a] no spot investigation is necessary when the offence is not a serious one [b] absence of sufficient grounds, stop investigation. [2]. must furnish sufficient reasons for the above said exemptions in his report and in case of clause [b] the officer shall also forthwith notify to the informant, if any , in such manner as maybe prescribed by state government, the fact that he will not investigate the case or cause it to be investigate.sec.158- Report how submitted [1] every report sent to a magistrate under sec.157 shall be submitted through such superior officer of police as the state government by general or special order appoints in that behalf [2] such superior officer may give such instructions to the officer in charge of police station as he thinks fit and shall after recording such instruction on such report, transmit the same without delay to the magistrate.