* Author
[2024] 3 S.C.R. 614 : 2024 INSC 197
Dablu Kujur
v.
The State of Jharkhand
(Criminal Appeal No. 1511 of 2024)
12 March 2024
[Bela M. Trivedi* and Pankaj Mithal, JJ]
Issue for Consideration
The issue for consideration was the compliance of the requirements
of a Police Report under Section 173(2) of the Code of Criminal
Procedure, 1973.
Headnotes
Criminal Law – Police Report – Section 173 of the Code of
Criminal Procedure, 1973 – Section 2 (r) of the Code of Criminal
Procedure, 1973:
Held: The Police Report under Section 173(2) Cr.P.C. being a very
important piece of document from the view point of the prosecution,
the defence and the court, it is incumbent upon the Investigating
Officer to strictly comply with the requirements of the said provisions,
as non-compliance thereof gives rise to many legal issues in the
court of law. [Para 7]
Code of Criminal Procedure, 1973 – s.173(2) – Report under
Section 173(2) forms basis for cognizance – Charge Sheet is
an opinion of the investigating officer to the concerned court:
Held : Only a report forwarded by the Police Officer to the
Magistrate under Section 173(2) of the Code of Criminal Procedure
can form the basis for the competent court to take cognizance
thereupon – A Charge Sheet under Section 173(2) of the Code of
Criminal Procedure is an opinion or intimation of the investigating
officer to the concerned court that on the material collected during
investigation, an offence appears to have been committed by the
particular person/s. [Paras 12 and 13]
Criminal Law – Magistrate has three options where Police
Report concludes offence is made out; and where Police
Report concludes that no offence is made out.
[2024] 3 S.C.R. 615
Dablu Kujur v. The State of Jharkhand
Held : When a Police Report concludes that an offence appears
to have been committed, the Magistrate has three options : (i) he
may accept the report and take cognizance and issue process; (ii)
he may direct further investigation under Section 156(3); (iii) he
may disagree with the report, and discharge the accused – When
the Police Report concludes that no offence appears to have been
committed, the Magistrate has three options : (i) he may accept
the report and drop the proceedings; (ii) he may disagree with
the report and conclude that there is sufficient ground to proceed
further, and take cognizance and issue process; (iii) he may direct
further investigation under Section 156(3) of the Code of Criminal
Procedure. Reliance placed on the Judgment in Bhagwant Singh
v. Commissioner of Police & Anr., [1985] 3 SCR 942 :1985 INSC
103 : (1985) 2 SCC 537. [Para 14]
Code of Criminal Procedure, 1973 – s.173(2) & (5) – Whether
Final Report keeping investigation open qua other accused, or
without all documents under Section 173(5) is in compliance
with Section 173(2) – Would not vitiate the charge sheet:
Held : Reliance placed on the Judgment in Satya Narian Musadi
& Ors. v. State of Bihar (1980) 3 SCC 152, wherein it was held
that the statutory requirement of Section 173(2) Cr.P.C. would be
complied with if various details prescribed therein are included in the
report. The report is complete if it is accompanied with all documents
and statements of witnesses as required by Section 173(5) Cr.P.C.
Reliance is also placed on the Judgment in Dinesh Dalmia v. CBI,
[2007] 9 SCR 1124 : 2007 INSC 941 : (2007) 8 SCC 770, wherein
it was held that even if all the documents are not filed, by reason
thereof, the charge-sheet itself would not be vitiated in law. Relied
upon the Judgment in CBI v. Kapil Wadhwan, [2024] 1 SCR 677 :
2024 INSC 58, holding that pendency of further investigation qua
other accused or non-availability of documents at the time of filing
of charge sheet would not vitiate the charge sheet. [Para 15]
Code of Criminal Procedure, 1973 – Investigation – Procedure
for investigation under Section 157 to Section 172 of the Code
of Criminal Procedure, 1973 – Reports by the Police:
Held: Under Section 157 of the Code of Criminal Procedure, 1973,
if an officer-in-charge of a Police Station has reason to suspect the
commission of an offence, which he is empowered to investigate
under Section 156 of the Code of Criminal Procedure, 1973, he shall
616 [2024] 3 S.C.R.
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forthwith send a report of the same to the Magistrate – Such report
would be in the nature of preliminary report – Under Section 169,
upon completion of investigation, if it appears to the Officer-in-charge
of the Police Station that there is not sufficient evidence or reasonable
ground of suspicion to justify the forwarding of the accused to a
Magistrate, such officer shall, release such person, and direct him to
appear as and when required before the Magistrate empowered to
take cognizance of the offence – Section 170 of the Code of Criminal
Procedure deals with cases when evidence is sufficient – Section 172
pertains to Diary of proceedings in investigation – Every Police Officer
making an investigation under Chapter XII of the Code of Criminal
Procedure is required to enter his proceedings in the investigation in a
diary day-by-day – Section 172(1A) requires statements of witnesses
to be inserted in the case diary; and Section 172(1B) requires such
diary to be in a volume and duly paginated. [Para 10 and 11]
Code of Criminal Procedure, 1973 – s.173(2) – Mandatory
requirements under Section 173(2) of the Code of Criminal
Procedure – Directions for compliance issued to Police
Officers:
Held : The Report of a Police Officer on the completion of
investigation shall contain : (i) 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 section 170. (h) Whether the report of medical
examination of the woman has been attached where investigation
relates to an offence under [sections 376, 376A, 376AB, 376B,
376C, 376D, 376DA, 376DB] or section 376E of the Indian Penal
Code (45 of 1860); (ii) If upon the completion of investigation,
there is no sufficient evidence or reasonable ground of suspicion
to justify the forwarding of the accused to a Magistrate, the
Police officer in charge shall clearly state in the Report about the
compliance of Section 169 Cr.PC.; (iii) When the report in respect
of a case to which Section 170 applies, the police officer shall
forward to the Magistrate along with the report, all the documents
or relevant extracts thereof on which the prosecution proposes
[2024] 3 S.C.R. 617
Dablu Kujur v. The State of Jharkhand
to rely other than those already sent to the Magistrate during
investigation; and the statements recorded under Section 161
of all the persons whom the prosecution proposes to examine
as its witnesses; (iv) In case of further investigation, the Police
officer in charge shall forward to the Magistrate a further report
or reports regarding such evidence in the form prescribed and
shall also comply with the details mentioned in the above sub
para (i) to (iii). [Para 17]
Case Law Cited
Bhagwant Singh v. Commissioner of Police & Anr.
[1985] 3 SCR 942 : 1985 INSC 103 : (1985) 2 SCC
537; Satya Narain Musadi & Ors. v. State of Bihar
(1980) 3 SCC 152; Dinesh Dalmia v. CBI, [2007] 9
SCR 1124 : 2007 INSC 941 : (2007) 8 SCC 770; CBI
v. Kapil Wadhwan [2024] 1 SCR 677 : 2024 INSC
58 – relied on.
List of Acts
Code of Criminal Procedure, 1973.
List of Keywords
Police Report; Charge Sheet; Compliance of Section 173 Cr.P.C.;
Directions for Final Report.
Case Arising From
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.1511
of 2024
From the Judgment and Order dated 17.01.2023 of the High Court
of Jharkhand at Ranchi in BA No.11895 of 2022
Appearances for Parties
Sudhanshu Chaudhari, Sr. Adv., Vatsalya Vigya, Advs. for the
Appellant.
Sharan Dev Singh Thakur, A.A.G., Vishnu Sharma, Shantanu Sagar,
Puneet Singh Bindra, Anil Kumar, Gunjesh Ranjan, Vaibhav Jain,
Rajesh Ranjan, Attin Shankar Rastogi, A. Vasudeva, Prateek Yadav,
Azmat Hayat Amanullah, Ms. Ruchira Goel, Siddharth Thakur,
Sharanya Sinha, Mustafa Sajad, Ms. Keerti Jaya, Adit Jayeshbhai
Shah, Advs. for the Respondent.
618 [2024] 3 S.C.R.
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Judgment / Order of the Supreme Court
Judgment
Bela M. Trivedi, J.
1. Leave granted.
2. The appellant-accused, by way of the present appeal has challenged
the impugned judgment and order dated 17.01.2023 passed by
the High Court of Jharkhand at Ranchi in B.A. No.11895 of 2022,
whereby the High Court has dismissed the said application seeking
his release on bail in respect of the FIR being Sukhdeonagar P.S.
Case No.-238/2022 dated 30.05.2022 registered for the offences
under Sections 302, 120-B/34 of IPC and Section 25(1-B) A/26/27/35
of the Arms Act.
3. During the course of arguments, it was apprised to the Court that
the trial is at the fag end and almost all the witnesses have been
examined by the prosecution except one witness.
4. In view of the above, we are not inclined to release the appellant on
bail, more particularly, when the trial is at the fag end.
5. Before parting, it may be noted that on 17.07.2023, this Court
(Coram- Mr. Justice Sanjiv Khanna and Ms. Justice Bela M. Trivedi)
had passed the following order: -
“The learned counsel for the State of Jharkhand states
that Sections 34 and 120B of the Indian Penal Code, 1860
have been SLP(Crl.) No. 2874/2023 invoked against the
petitioner - Dablu Kujur.
Having gone through the chargesheet, we must observe
that it is bereft of any details and particulars. The Director
General of Police (DGP), State of Jharkhand will examine
whether the said chargesheet is in accordance with law,
and if such chargesheets are being filed, appropriate steps
should be taken in compliance with the relevant provisions
of the Code of Criminal Procedure, 1973. The DGP, State
of Jharkhand will file an action report within a period of
four weeks from today.
We are told that similar chargesheets bereft of details
and particulars are being filed in the States of Bihar and
[2024] 3 S.C.R. 619
Dablu Kujur v. The State of Jharkhand
Uttar Pradesh. A copy of this order will also be sent to the
relevant DGPs for the States of Bihar and Uttar Pradesh,
who will submit their respective reports on the steps taken
by them within four weeks from today.
Keeping in view the facts of the present case, we are
inclined to direct the trial court to examine the public
witnesses within a period of four months from today, without
fail. Status report along with copy of the order sheets will
be filed immediately upon completion of four months.
List for consideration and orders in the first half of
December 2023”.
6. In compliance with the said order, the affidavits are filed on behalf of
the State of Jharkhand, Uttar Pradesh and Bihar with regard to the
steps taken/being taken by them for submitting the Chargesheets/
Police Reports in accordance with law.
7. The Police Report submitted by the police under Section 173(2)
being very important piece of document from the view point of
the prosecution, the defence and the court, we deem it necessary
to elaborately deal with the various aspects involved in the said
provision. For the reasons stated hereinafter, we are of the opinion
that it is incumbent on the part of the Investigating Officer to
strictly comply with the requirements of the said provisions, as
non-compliance thereof gives rise to many legal issues in the
court of law.
8. As per Section 2(r) of Cr.P.C, “Police Report” means a report
forwarded by a Police Officer to a Magistrate under sub-section (2)
of Section 173.
9. Section 173 reads as under: -
“173. Report of police officer on completion of investigation. —
(1) Every investigation under this Chapter shall be
completed without unnecessary delay.
[(1A) The investigation in relation to [an offence under
sections 376,376A, 376AB, 376B, 376C, 376D, 376DA,
376DB or 376E] from the date on which the information
was recorded by the officer in charge of the police station.]
620 [2024] 3 S.C.R.
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(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 section 170.
(h) whether the report of medical examination of the
woman has been attached where investigation
relates to an offence under 2 [sections 376,376A,
376AB, 376B, 376C, 376D, 376DA, 376DB] or
section 376E of the Indian Penal Code (45 of
1860)].]
(ii) The officer shall also communicate, in such manner as
may be prescribed by the State Government, the action
taken by him, to the person, if any, by whom the information
relating to the commission of the offence was first given.
(3) Where a superior officer of police has been appointed
under section 158, the report shall, in any case in which
the State Government by general or special order so
directs, be submitted through that officer, and he may,
pending the orders of the Magistrate, direct the officer in
charge of the police station to make further investigation.
(4) Whenever it appears from a report forwarded under this
section that the accused has been released on his bond,
the Magistrate shall make such order for the discharge of
such bond or otherwise as he thinks fit.
[2024] 3 S.C.R. 621
Dablu Kujur v. The State of Jharkhand
(5) When such report is in respect of a case to which
section 170 applies, the police officer shall forward to the
Magistrate along with the report—
(a) all documents or relevant extracts thereof on
which the prosecution proposes to rely other
than those already sent to the Magistrate during
investigation;
(b) the statements recorded under section 161 of
all the persons whom the prosecution proposes
to examine as its witnesses.
(6) If the police officer is of opinion that any part of any
such statement is not relevant to the subject-matter of
the proceedings or that its disclosure to the accused is
not essential in the interests of justice and is inexpedient
in the public interest, he shall indicate that part of the
statement and append a note requesting the Magistrate
to exclude that part from the copies to be granted to the
accused and stating his reasons for making such request.
(7) Where the police officer investigating the case finds it
convenient so to do, he may furnish to the accused copies
of all or any of the documents referred to in sub-section (5).
(8) Nothing in this section shall be deemed to preclude
further investigation in respect of an offence after a
report under sub-section (2) has been forwarded to the
Magistrate and, where upon such investigation, the officer
in charge of the police station obtains further evidence,
oral or documentary, he shall forward to the Magistrate a
further report or reports regarding such evidence in the
form prescribed; and the provisions of sub- sections (2) to
(6) shall, as far as may be, apply in relation to such report
or reports as they apply in relation to a report forwarded
under sub-section (2)”.
10. The procedure for investigation has been laid down in Section 157
of Cr.P.C. which states inter alia that if from the information received
or otherwise, an officer in charge of a police station has reason
to suspect the commission of an offence which he is empowered
under Section 156 to investigate, he shall forthwith send a report
622 [2024] 3 S.C.R.
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of the same to a Magistrate empowered to take cognizance of
such offence upon a police report and shall proceed in person,
or shall depute one of his subordinate officers 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. Such report would be in the nature of preliminary report.
As per Section 169, upon the completion of the investigation, if it
appears to the officer in charge of the police station that there is
not sufficient evidence or reasonable ground of suspicion to justify
the forwarding of the accused to a Magistrate, such officer shall,
if such person is in custody, release him on his executing a bond,
with or without sureties, as such officer may direct, to appear, if
and when so required, before the Magistrate empowered to take
cognizance of the offence on a police report, and to try the accused
or commit him for trial. Section 170 deals with the cases to be
sent to Magistrate when evidence is sufficient. The relevant part of
Section 170(1) reads as under: -
“170. Cases to be sent to Magistrate, when evidence is
sufficient.—(1) If, upon an investigation under this Chapter,
it appears to the officer in charge of the police station
that there is sufficient evidence or reasonable ground as
aforesaid, such officer shall forward the accused under
custody to a Magistrate empowered to take cognizance of
the offence upon a police report and to try the accused or
commit him for trial, or, if the offence is bailable and the
accused is able to give security, shall take security from
him for his appearance before such Magistrate on a day
fixed and for his attendance from day to day before such
Magistrate until otherwise directed.”
11. Section 172 pertains to the Diary of proceedings in investigation, which
requires every police officer making an investigation under Chapter
XII Cr.P.C. to enter his proceedings in the investigation in a diary day
by day. Sub-section (IA) of Section 172 requires that the statements
of the witnesses recorded during the course of investigation under
section 161 have to be inserted in the case diary; and sub-section
(1B) of Section 172 requires that such diary shall be a volume and
duly paginated.
12. We are more concerned with Section 173(2) as we have found that
the investigating officers while submitting the chargesheet/Police
[2024] 3 S.C.R. 623
Dablu Kujur v. The State of Jharkhand
Report do not comply with the requirements of the said provision.
Though it is true that the form of the report to be submitted under
Section 173(2) has to be prescribed by the State Government and
each State Government has its own Police Manual to be followed
by the police officers while discharging their duty, the mandatory
requirements required to be complied with by such officers in the
Police Report/Chargesheet are laid down in Section 173, more
particularly sub-section (2) thereof.
13. It may be noted that though there are various reports required to
be submitted by the police in charge of the police station before,
during and after the investigation as contemplated in Chapter XII
of Cr.P.C., it is only the report forwarded by the police officer to
the Magistrate under sub-section (2) of Section 173 Cr.P.C. that
can form the basis for the competent court for taking cognizance
thereupon. A chargesheet is nothing but a final report of the police
officer under Section 173(2) of Cr.P.C. It is an opinion or intimation
of the investigating officer to the concerned court that on the material
collected during the course of investigation, an offence appears to
have been committed by the particular person or persons, or that
no offence appears to have been committed.
14. When such a Police Report concludes that an offence appears
to have been committed by a particular person or persons, the
Magistrate has three options: (i) he may accept the report and take
cognizance of the offence and issue process, (ii) he may direct further
investigation under sub-section (3) of Section 156 and require the
police to make a further report, or (iii) he may disagree with the report
and discharge the accused or drop the proceedings. If such Police
Report concludes that no offence appears to have been committed,
the Magistrate again has three options: (i) he may accept the report
and drop the proceedings, or (ii) he may disagree with the report
and taking the view that there is sufficient ground for proceeding
further, take cognizance of the offence and issue process, or (iii)
he may direct further investigation to be made by the police under
sub-section (3) of Section 1561
.
15. The issues with regard to the compliance of Section 173(2) Cr.P.C.,
may also arise, when the investigating officer submits Police Report
1 Bhagwant Singh vs. Commissioner of Police & Anr.; [1985] 3 SCR 942 : (1985) 2 SCC 537
624 [2024] 3 S.C.R.
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only qua some of the persons-accused named in the FIR, keeping
open the investigation qua the other persons-accused, or when all
the documents as required under Section 173(5) are not submitted. In
such a situation, the question that is often posed before the court is
whether such a Police Report could be said to have been submitted
in compliance with sub-section (2) of Section 173 Cr.P.C. In this
regard, it may be noted that in Satya Narain Musadi & Ors. vs.
State of Bihar2
, this Court has observed that statutory requirement
of the report under Section 173(2) would be complied with if various
details prescribed therein are included in the report. The report is
complete if it is accompanied with all the documents and statements
of witnesses as required by Section 175(5). In Dinesh Dalmia vs.
CBI 3
, however, it has been held that even if all the documents are
not filed, by reason thereof the submission of the chargesheet itself
would not be vitiated in law. Such issues often arise when the accused
would make his claim for default bail under Section 167(2) of Cr.P.C.
and contend that all the documents having not been submitted as
required under Section 173(5), or the investigation qua some of the
persons having been kept open while submitting Police Report under
Section 173(2), the requirements under Section 173(2) could not be
said to have been complied with. In this regard, this Court recently
held in case of CBI vs. Kapil Wadhwan & Anr.4 that: -
“Once from the material produced along with the
chargesheet, the court is satisfied about the commission of
an offence and takes cognizance of the offence allegedly
committed by the accused, it is immaterial whether the
further investigation in terms of Section 173(8) is pending
or not. The pendency of the further investigation qua the
other accused or for production of some documents not
available at the time of filing of chargesheet would neither
vitiate the chargesheet, nor would it entitle the accused
to claim right to get default bail on the ground that the
chargesheet was an incomplete chargesheet or that the
chargesheet was not filed in terms of Section 173(2) of
Cr.P.C.”
2 (1980) 3 SCC 152
3 [2007] 9 SCR 1124 : (2007) 8 SCC 770
4 [2024] 1 SCR 677 : Criminal Appeal No. 391 of 2024 (@ SLP (Crl) No. 11775 of 2023)
[2024] 3 S.C.R. 625
Dablu Kujur v. The State of Jharkhand
16. The above referred discussion has been necessitated for highlighting
the significance of the compliance of requirements of the provisions
contained in Section 173(2) of Cr.P.C.
17. Ergo, having regard to the provisions contained in Section 173 it is
hereby directed that the Report of police officer on the completion
of investigation shall contain the following: -
(i) 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 section
170.
(h) Whether the report of medical examination of the woman
has been attached where investigation relates to an offence
under [sections 376, 376A, 376AB, 376B, 376C, 376D,
376DA, 376DB] or section 376E of the Indian Penal Code
(45 of 1860)”
(ii) If upon the completion of investigation, there is no sufficient
evidence or reasonable ground of suspicion to justify the
forwarding of the accused to a Magistrate, the Police officer in
charge shall clearly state in the Report about the compliance
of Section 169 Cr.PC.
(iii) When the report in respect of a case to which Section 170
applies, the police officer shall forward to the Magistrate along
with the report, all the documents or relevant extracts thereof
on which the prosecution proposes to rely other than those
already sent to the Magistrate during investigation; and the
statements recorded under Section 161 of all the persons
whom the prosecution proposes to examine as its witnesses.
626 [2024] 3 S.C.R.
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(iv) In case of further investigation, the Police officer in charge shall
forward to the Magistrate a further report or reports regarding
such evidence in the form prescribed and shall also comply with
the details mentioned in the above sub para (i) to (iii).
18. It is further directed that the officer in charge of the police stations in
every State shall strictly comply with the afore-stated directions, and
the non-compliance thereof shall be strictly viewed by the concerned
courts in which the Police Reports are submitted.
19. Copy of this order be sent to all the Chief Secretaries of the States/
UTs as also to Registrar Generals of the High Courts for perusal and
compliance. The appeal stands disposed of accordingly.
Headnotes prepared by: Result of the case:
Vidhi Thaker, Hony. Associate Editor Appeal disposed of
(Verified by: Liz Mathew, Sr. Adv.)
