POLICE REPORT
Section 173 of criminal procedure
code, the statute, lays down the provisions about “report of police officer on
completion of investigation”
1. Every investigation under
this chapter shall be completed without unnecessary delay.
2. 1. 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
·
The names of the parties
·
The nature of the information
·
The names of the person who appear to be acquainted with the
circumstances of the case
·
Whether any offence appears to have been committed and, if
so, by whom
·
Whether the accused has been arrested
·
Whether he has been released on his bond and, if so, whether
with or without sureties
·
Whether he has been forwarded in custody under section 170.
2.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 the 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 makesuch 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-
·
All documents or relevant extracts thereof on which the
prosecution proposes to rely other than those already sent to the magistrate
during investigation.
·
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 such statement is not relevant to the subject matter of
the proceedings or that its disclosure to the accused is not essential in the
interest of the justice and is inexpedient in public interest, he shall
indicate that part of the statement and append a note requesting the magistrate
to exclude that part from 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 1 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 I relation to a report forwarded under
sub – section 2.
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