Section 173 in The Code of Criminal Procedure, 1989 (1933 A. D.)
173. [ Report of police officer on completion of investigation. [Sections 73 substituted by Act XXXVII of 1978, Section 29.]
(1)Every investigation under this Chapter shall be completed without unnecessary delay:[Provided that investigation into offences under sections 152, 153-A, 295, 295-A, 296, 297, 298, 435, 436 and 505 of the State Ranbir Penal Code shall be completed within two weeks, and if the investigation is not so completed the investigating officer shall report the causes of the delay to the District Superintendent of Police who shall issue necessary instructions for completion of the investigation] [Proviso to sub-section (2) substituted by Act XXXVII of 1978, Section 28.].(1A)[ The investigation in relation to an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or section 376E of the State Ranbir Penal Code shall be completed within two months.] [Inserted by Jammu and Kashmir Act 35 of 2018, dated 7.12.2018.](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 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.(h)[ whether the report of medical examination of women has been attached where investigation relates to an offence under sections 376, 376A, 376B, 376AB, 376B, 376C, 376D, 376DA, 376DB or section 376E of the State Ranbir Penal Code.] [Inserted Act No. 35 of 2018, dated 7.12.2018.](ii)The officer shall also communicate, in such manner as may be prescribed by the 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 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)Wherever 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 subject-matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is in expedient in the public interest, he shall indicate that part of the statement and append a not 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 6.(8)Nothing is this 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 may be apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2).]
