Report of Police Officer on completion of an investigation. Discuss

Question: Report of Police Officer on completion of an investigation. Discuss [UPHJS 2018]

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Answer

As per section 2(r) of CrPC, the expression “police report” has been defined under the Code of Criminal Procedure as meaning a report forwarded by a Police Officer to a Magistrate under sub-section (2) of Section 173.

As soon as the investigation is completed a report which is commonly called a “chargesheet” or “challan” is to be submitted to the Magistrate having jurisdiction. The necessity of completing the investigation expeditiously is emphasised by giving a general direction that every investigation shall be completed without unnecessary delay. [Section 173(1}]

The report under Section 173 is a report on the results of the investigation made under Chapter XIV, which means an investigation made under Section 155 (2) or Section 156. The ‘Police report’ which Section 173 contemplates cannot, therefore, be a report of a case in respect of which no investigation under Chapter XIV has taken place or is possible.

There are three different kinds of reports to be made by police officers at three different stages of the investigation.

1. Section 157 requires a preliminary report from the officer in charge of a police station to the Magistrate.
2. Section 168 requires reports from a subordinate police officer to the officer in charge of the station. These reports are known as forwarding reports.
3. Section 173 requires a final report of the police officer as soon as the investigation is completed to the Magistrate. The report under Subsection (2) of Section 173 is called Completion Report also known as the Charge Sheet.

The police report under Section 173 will contain the facts and conclusions drawn by the police therefrom. Section 173, Cr.P.C. places a mandatory duty upon the Investigating Officer to place all detailed materials, both oral and documentary, before the Magistrate, so that he may consider the same and decide for himself whether it is a fit case for taking cognizance or not.

When an investigation culminates into a final report as contemplated under Section 173 then the competent court enjoins a duty within its authority sanctioned by law to scrupulously scrutinize the final report and the accompaniments by applying its judicial mind and take a decision either to accept or reject the final report.

The police “chargesheet” corresponds to the complaint of a private individual on which criminal proceedings are initiated. When the chargesheet is sent, the preliminary stage of investigation and preparation is over.

Upon its receipt, the Magistrate can take cognizance of the offence. However, it is to note that the submission of a report under sub-section (2) of section 173 does not preclude further investigation of a crime by the investigating agency, supplementary reports can be submitted by the investigating agency to the Magistrate notwithstanding that the Magistrate has taken cognizance of the offence upon a police report submitted under sub-section (2) of section 173.

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