Final report

Dear

the final report is filed by police officer u/s 173 Crpc

173. Report of police officer on completion of investigation.

(1) Every investigation under this Chapter shall be completed without unnecessary delay.

(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.

(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 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.

(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 witness.

(6) If the police officer is of opinion that any part of any such statement is not relevant to the sub-matter of the proceeding 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 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) Notwithstanding 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-section (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)
 

Muicipal court can not give stay. It has to be granted by High Court only as the quash petition lies in there.

The police is not filing chargesheet to avoid working on it for multiple times.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Mr.Shonee,

I am sorry for not posting enough information. 

The quash petition was granted by high court. 

Case Details

First Information Report was filed in  2007. Therafter the chargesheet was also presented when we were granted Unconditional Bail in High Court. The surety part was done in Municipal Court

We filed for quash petition in 2009  feb in high court for 2 people and as I mentioned above it was granted . 

According to https://ipc498a.wordpress.com/2008/06/07/prashant-final-report/

"To enable those already chargesheeted to have their cases re-investigated. This can be done by filing RTIs on the investigation conducted by the police. The RTI can be based on this final report. The results of the RTI can be used to petition the police higher ups."

Can someboby please help me understand this statement:

1. So can i request for a Final Report . 

2. or should i first start filing RTIs on the information provided in the chargesheet and then based on the outcome request for a final report?

I am just making sure we are prepared in every possible way.

If wuash was granted, where is the question of final report. The case is over.