bukki 25 December 2017

Final report in criminal case u/s 506(ii) and 509 ipc

Sir, Case registered in Crime No.28 of 2012,local police closed complaint as mistake of fact. Protest was filed, Magistrate order independent investigation by CID but High Court modified order for investigation in SP police level as magistrate has no power order for independent investigation. Again police closed case as false and submitted final report and pending decision as on date in JM-II court. Please clarify this pending final report in JM-II can be valid to refer in some other case before High court that accuse can escape. Please provide any supreme court citation to say this pending final report should not consider in High court cases until Magistrate can accept or reject it.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 25 December 2017

Wherever a Final Report is forwarded by investigating Police in a case, u/s 173(2) (i) of Cr. P. C, and is placed before to a Magistrate, several situations may arise. The Report may conclude that an offence appears to have been committed by a particular person and persons, and in such a case Magistrate may either:-

1) accept Report and take cognizance of offence and issue process,

2) may disagree with the report and drop the proceeding or to take cognizance on the basis of report / material submitted by the Investigation Officer,

3) may direct further investigation under Sec 156(3) and require Police to make report as per Sec 173(8)-(AIR 1968 SC 117 ; AIR 1980 SC 1883 / AIR 1955 SC 196).

4) may treat the Protest Complaint as a complaint , and proceed u/s 200 & 202 of Cr. P.C.