'A' lodges an F.I.R. at a Police Station against a named accused of a cognizable offence. Upon conclusion of the investigation, the Police filed before the concerned Magistrate's a Final Report absolving the accused. What steps the Magistrate will take, and what options are open to the informant's complaint in case the Magistrate accepts the Final Report?

‘A’ lodges an F.I.R. at a Police Station against a named accused of a cognizable offence. Upon conclusion of the investigation, the Police filed before the concerned Magistrate’s a Final Report absolving the accused. What steps the Magistrate will take, and what options are open to the informant’s complaint in case the Magistrate accepts the Final Report? [U.P.H.J.S. 2000]

Find the answer only on Legal Bites. [‘A’ lodges an F.I.R. at a Police Station against a named accused of a cognizable offence. Upon conclusion of the investigation, the Police filed before the concerned Magistrate’s a Final Report absolving the accused. What steps the Magistrate will take, and what options are open to the informant’s complaint in case the Magistrate accepts the Final Report?]

Answer

The Magistrate when acting under Section 156(3) of the Code of Criminal Procedure has two alternatives only-

• either he could direct re-investigation if he was not satisfied with the final report of the police, or
• he could straightaway issue process to the accused under Section 204.

The question in the present case at hand is, what is the position, when the Magistrate is dealing with a report submitted by the police, under Section 173, that no case is made out for sending up an accused of trial, which reports, as we have already indicated, is called, in the area in question, as a ‘final report’? The Hon’ble SC has discussed the case at hand in detail in the case of Abhinandan Jha & Ors v. Dinesh Mishra, 1968 AIR 117, as under:

Even in those cases, if the Magistrate agrees with the said report, he may accept the final report and close the proceedings. But there may be instances when the Magistrate may take the view, on a consideration of the final report, that the opinion formed by the police is not based on a full and complete investigation, in which case in our opinion the Magistrate will have ample jurisdiction to give directions to the police, under Section 156 (3), to make a further investigation.

That is, if the Magistrate thinks, after considering the final report, that the investigation is unsatisfactory, or incomplete, or that there is scope for further investigation, it will be open to the Magistrate to decline to accept the final report and direct the police to make further investigation, under Section 156(3).

The police, after such further investigation, may submit a charge-sheet, or, again submit a final report, depending upon the further investigation made by them. If ultimately, the Magistrate forms the opinion that the facts, set out in the final report, constitute an offence, he, can take cognizance of the offence under Section 190(1)(c), notwithstanding the contrary opinion of the police, expressed in the final report.

In this connection, the provisions of Section 169 of the Code of Criminal Procedure, are relevant. They specifically provide that even though, on the investigation, a police officer, or other investigating officers, is of the opinion that there is no case for proceeding against the accused, he is bound, while releasing the accused, to take a bond from him to appear, if and when required he has to be present before the Magistrate. This provision is obviously to meet a contingency of the Magistrate when he considers the report of the investigating officer, and judicially takes a view different from the police.

There is certainly no obligation, on the Magistrate, to accept the report, if he does not agree with the opinion formed by the police. Under those circumstances, if he still suspects that an offence has been committed, he is entitled, notwithstanding the opinion of tile police, to take cognizance, under Section 190(1)(c) of the Code of Criminal Procedure. That provision, in our opinion, is obviously intended to secure that offences may not go unpunished and justice may be invoked even where persons individually aggrieved are unwilling or unable to prosecute or the police, either want or through bona fide error, fail to submit a report, setting out the facts constituting the offence.

Therefore, a very wide power is conferred on the Magistrate to take cognizance of an offence not only when he receives information about the commission of an offence from a third person, but also where he has knowledge or even suspicion that the offence has been committed. It is open to the Magistrate to take cognizance of the offence, under Section 190(1) (c), on the ground, that, after having due regard to the final report and the police records placed before him, he has reason to suspect that an offence has been committed.

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