Sunil Kumar vs State of U.P. and Another

K.N. Sinha, J.—Heard learned Counsel for the revisionist and learned A.G.A.

The brief facts, giving rise to this revision, are that Respondent No. 2 Smt. Priti filed an application u/s 156(3), Cr. P.C. for registration and investigation of the case. The Magistrate, after going through the application found that the application discloses a cognizable offence and he accordingly directed the concerned police of police station, Jaswant Nagar, Etawa, to register the case, investigate and submit a report u/s 173, Cr. P.C. This revision has been filed against the said order, only on the point that the Magistrate has directed to submit a report u/s 173, Cr. P.C. which will mean that the Magistrate directed the police, police station, Jaswant Nagar to submit a charge-sheet. The learned Counsel for the revisionist has submitted that only charge-sheet can be submitted u/s 173, Cr. P.C. The relevant provision of Section 173, Cr. P.C. shows that as soon as the investigation is completed, the officer incharge of the police station shall forward the same to a Magistrate empowered to take cognizance of the offence on a police report. It necessarily does not mean the submission of the charge-sheet. The charge-sheet shall be submitted only if the case is made out against the accused. If no case is made out, the police has to proceed u/s 169, Cr. P. C. and submit a final report. In both the circumstances, the police has to submit a report u/s 173, Cr. P. C. It may either be in the form of charge-sheet or in the shape of final report. Thus, this apprehension, on the part of revisionist, that the order of the Magistrate directing the police to submit a report u/s 173, Cr. P. C. would mean the direction to submit a charge-sheet, is without basis. The impugned order does not necessarily direct, the Investigating Officer to submit a charge-sheet. The Investigating Officer shall, therefore, be free to submit a charge-sheet or a final report after completion of the investigation.

With the above observations, the revision is disposed of finally.