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Showing contexts for: section 158 of criminal procedure code in Anil Kumar vs Latha Mohan on 18 January, 2021Matching Fragments
6. From Section 154 to Section 173 under Chapter XII of Cr.P.C., there is no provision for submitting any report by the officer in charge of police station/investigating officer except under Section 157 [Section 158 and 173(3)], 170, 173(2) and 173(8) Cr.P.C. At least three modalities were incorporated under Section 157 Cr.P.C. regarding the further steps to be taken by the officer in charge of the police station, on an information received or otherwise, regarding the commission of an offence, which he is empowered under Section 156 Cr.P.C. to investigate. When the officer in charge of a police station has reason to suspect commission of an offence, which he is empowered under Section 156 to investigate, he shall forthwith send a report to the Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person to the spot, to investigate the facts and circumstances of the case and if necessary to take measures for the discovery and arrest of the offender or shall depute one of his subordinate officers not below the rank as the state Government may by general or special order prescribe in that behalf, to proceed, to the spot, to investigate the facts and circumstances of the case and if necessary to take measures for discovery and arrest of the offender. The said provision is subject to two exceptions in the form of two provisos. Clause (a) to the proviso to Section 157(1)Cr.P.C. gives an option to the officer in charge of the police station not to make any investigation on the spot when the offence alleged is not of serious nature. clause (b) to the said proviso permits the officer in charge of the police station not to investigate any case, if it appears to him that there is no sufficient ground for entering on an investigation. In the case of clause (a) and (b) of the said proviso, he is bound to submit a report as mandated under Section 157(2)Cr.P.C. stating his reason for not fully complying with the requirement. In the case mentioned in clause (b) of the said proviso, the officer shall forthwith notify to the informant, if any, in such manner as may be prescribed by the State Government, the fact that he will not investigate or enter on any investigation or cause it to be done through any subordinate officer. Section 157 Cr.P.C. casts a duty upon the officer in charge of the police station/investigating officer to send a report to the concerned Magistrate and in the case of proviso (b), he shall forthwith notify the same to the informant, if any, in such manner as may be prescribed by the State Government, the fact that he will not investigate the case either by him or through any subordinate officer. Section 158 Cr.P.C. deals with the way in which the report under Section 157 Cr.P.C. has to be submitted. Section 173(3) Cr.P.C. enables the superior officer of the police through him a report has to be submitted under Section 158 Cr.P.C. to direct the officer in charge of the police station to make further investigation pending orders of the Magistrate.
12. The legal position was reiterated in Gangadhar Janardan Mhatre's case (supra). Hence the practice of submitting a casual report for deleting or removing any person from the array of the accused without notice to the first informant, instead of a referred charge (refer report) as envisaged under Section 173(2) and 173(8) Cr.P.C., is deprecated. The report that can be submitted after the stage under Section 157 and 158 Cr.P.C. must be in accordance with the mandate under Section 173(2) Cr.P.C. in the prescribed form enumerating the requirement under sub-clause (a) to (h) to clause (i) and it shall be communicated to the first informant as mandated under clause (ii) of Section 173(2) Cr.P.C. When such report is in respect of a case to which Section 170 Cr.P.C. applies (when there is sufficient evidence or reasonable ground for the trial or for commitment of trial of the accused), the police officer in compliance with the requirement under Section 173(5) Cr.P.C. 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; and (b) the statements recorded under section 161 of all the persons whom the prosecution proposes to examine as its witnesses, subject to the restriction imposed under Section 173(6) Cr.P.C..