kindly explain what is dropping of proceedings in cri cases

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, weather 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, 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.

(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).

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PRINCIPLE FOR DROPPING OF CRIMINAL PROCEEDINGS

"A Magistrate who on receipt of a complaint, order an investigation under Section 156(3) and receives a police report under Section 173(1), may thereafter, do one of three things:

(1)      he may decided that there is no sufficient ground for proceeding further and drop action;

(2)      he may take cognizance of the offence under section 190 (1) (b) on the basis of the police report and the process; this he may do without being bound in any manner by the conclusions arrived at by the police in their report;

(3)      he may take cognizance of the offence under section 190 (1) (a) on the basis of the original complaint and proceed to examine upon oath the complainant and his witnesses under Section 200.  He adopts the third alternative, he directly hold or direct any inquiry under Section 202 if he thinks fit. Thereafter he may dismiss the complaint or issue process as the case may be."

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The following observation of the Supreme Court in paragraph 4 of the decision in Bhagwant Singh V. Commissioner of Police (supra) makes the point clear:

"There can, therefore, be no doubt that when, on a consideration of the report made by the officer-in-charge of a police station under sub-section (2) (I) of section 173, the Magistrate is not inclined to take cognizance of the offence and issue process the informant must be given an opportunity of being heard so that he can make his submissions to pursued the Magistrate to take cognizance of the offence and issue process. We are accordingly of the view that in a case where the Magistrate to whom a report is forwarded under sub-section (2) (1) of section 173 decides not to take cognizance of the offence and to drop the proceeding or takes the view that there is no sufficient ground for proceeding against some of the persons mentioned in the first information report, the Magistrate must give notice to the informant and provide him an opportunity to be heard at the time of consideration of the report."

Kindly go through the attached judgments:

Amol - Please refer to S.258 of Cr.p.c. This is applicable to summons case. This is dropping of proceedings at any stage of trial. Please refer S.320 Cr.P.C is dropping of proceedings by way of compounding. Please refer S.321 Cr.P.c is dropping of proceedings by withdrawl from prosecution

Anil, what about section 169, and 227 of the CrPc?

Yes sir 227 will amount to dropping of proceedings.  But 169 may not strictly amount to dropping of proceedings. Question was with reference to the trial stage.

Section 258 CrPc empower the magistrate to drop the proceeding against the accused at any stage. Please refer to judgement in Thomas Vs Varghase 2008(3) RCR (Crl) 682 ( kerla)