(A) Criminal Procedure Code, 1973, Section 482 – Bail – Murder – Offences under Sections 302, 120-B/34 of IPC and Section 25(1-B) A/26/27/35 of the Arms Act – Held that the trial is at the fag end and almost all the witnesses have been examined by the prosecution except one witness – Not inclined to release the appellant on bail.(Para 3 and 4)
(B) Criminal Procedure Code, 1973, Section 2(r) and 173(2) – Criminal Procedure – Police report – Held that it is found that the investigating officers while submitting the chargesheet/Police Report do not comply with the requirements of Section 173(2) – Directed that the Report of police officer on the completion of investigation shall contain the following: –
(i) 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.
(h) Whether the report of medical examination of the woman has been attached where investigation relates to an offence under[sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB]or section 376E of the Indian Penal Code (45 of 1860)”
(ii) If upon the completion of investigation, there is no sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, the Police officer in charge shall clearly state in the Report about the compliance of Section 169 Cr.PC.
(iii) When the report in respect of a case to which Section 170applies, the police officer shall forward to the Magistrate along with the report, all the documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation; and the statements recorded under Section 161 of all the persons whom the prosecution proposes to examine as its witnesses.
(iv) In case of further investigation, the Police officer in charge shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed and shall also comply with the details mentioned in the above sub para (i) to(iii).
Further directed that the officer in charge of the police stations in every State shall strictly comply with the afore-stated directions, and the non-compliance thereof shall be strictly viewed by the concerned courts in which the Police Reports are submitted – Copy of this order be sent to all the Chief Secretaries of the States/UTs as also to Registrar Generals of the High Courts for perusal and compliance.(Para 12, 17 to 19)
SUPREME COURT OF INDIA
2024 STPL(Web) 163 SC
[2024 INSC 197]
Dablu Kujur Vs. State Of Jharkhand
Criminal Appeal No. 1511 of 2024 (@ Special Leave Petition (Crl.) No.2874 of 2023)-Decided on 12-03-2024
https://stpllaw.in/wp-content/uploads/2024/04/2024-STPLWeb-163-SC.pdf
