Section 173
Section 173
CrPC to follow certain procedures laid down in Section 169 of the CrPC. The
report by the police is the end product of such an investigation by police in the
type of "charge-sheet" or "challan." The cases of absence of evidence were
covered by Section 169. Section 170 provides for general instructions on the
part of the accused, for both Sections 169 and 170, for the trial and Section
173. The term "final report" is not used in CrPC but is known as "final report" in
the report submitted by the police officer. The inquiry consists of several
phases, which finally lead to a police opinion on the covered and collected
material or evidence. Then a case is brought in order to place the accused
before the Magistrate for trial and to present a final report in accordance with
section 169 and an accusation under section 170. The establishment of such an
opinion by the police is the last step in the investigation and the police and no
other authority shall take this last step.
Police report:
Section 2(r) of CrPC refers to the term 'police report' whereby a police official
forwards a report under section 173 to a magistrate (2). In accordance with the
details set out in clauses(a) to (g) of sub-section(2) of Section 173, the report
should be prescribed by the State government. This section calls the police
report the End Report. If this report is an attempt by the accused to commit
The indictment made by the police correlates and mentions the private
s submission of the Charge Sheet shows that the initial investigation and
preparation of the same case is completed, and now the Magistrate can
take offence as set out in Rama Shankar v. State [AIR 1956 All 525] under
his consideration.
Until the police officer has received the final report in accordance with
Section 173, the Magistrate may not interfere in any judicial capacity or
M.L. Sethi v. R.P. Kapur [AIR 1967 SC 528] cannot be made by the
Magistrate.
order and requiring a "charge sheet." Where the plaintiff and the
accused filed each other's plaintiffs, but there are no reports and
sent.
In accordance with Section 170 of the CrPC, all documents or relevant extracts
of the same (other than those extracts in an investigation already forwarded to
the magistrate) should be forwarded to the Police Officier, as well as the
statements recorded under Section 161 of those on whom the prosecution is
dependent, as referred to under Section 173 of the Act (5).
However, when investigating the case, the police officer finds it convenient to
do so rather than to comply with Section 173(7), he may provide the accused
with copies of all or any documents referred to in the subsection (5).
If further proof is obtained, the report submitted by the police officer shall not
prevent further investigation of an offence.
Section 173 says nothing in the investigation concerning the crimes that have
taken place, and if they manage to obtain anything irrespective of the old
evidence that already exists, the police officer shall submit to the Magistrate,
all additional evidence that has been collected after the report was submitted.
The Magistrate did not have to hear the accused about whom the inquiry
report was file in court in accordance with Section 173(2) for further inquiry
after Section 173(8). But if a witness is accused after knowledge has been
received, the magistrate ought to be heard. Section 167(b) has been ordered
to carry out further investigations, while no time limit has been established for
completion of the investigation.
It can be seen that, according to Section 156(3), a power of request for further
inquiry was given to the magistrate that the magistrate can carry out even
after a report was submitted by the police officer. The power of the police
officer to further investigate the case after the report is filed under section 173
is not affected by this provision (8). The magistrate cannot, however, order
further investigation following the appearance of the accused following the
acknowledgement of the crime based on the police report. (Randhir Rana v.
State 1997).
If no cognizable offence is disclosed prima facie by the FIR or other relevant
material collected by the police, the Magistrate has no powers to investigate in
that case. In such a case, the High Court can stop and dismiss such an
investigation by exercising the powers inherent in Section 482 or by exercising
powers pursuant to Article 226. [The Muthiah People v. State, Police Inspector
(2006)7 SCC 296]. [Popular Muthiah v. State.
The basic idea behind Section 173(8) is to present the defendant in favour of
justice if the investigative officer find other proofs of guilt or innocence of the
accused person.
When the investigation is finished, the police officer must send a report to a
competent judge in accordance with section 173. In the case the judge
disagrees with the police and sees the evidence as unsatisfactory in the
prosecution of the accused person, the bond is taken before the judge for
appearance in accordance with Section 169. Even after the release of the
accused person pursuant to Section 169(a), the police may proceed with the
Three different types of reports are expected by police officers during three
Section 157 requires that the officer in charge of a police station submit
In section 173, the Magistrate must receive a final report from the police
Once the investigation has been completed, it will be for the enquiring
before the accused. The Court would then follow the procedure set out in
Sections 169 or 170 and submit a report under Section 173 to the
within three months from the date that the police station officer ordered
the information.
Once the investigation into the case is complete, the police officer must submit
the final report to the authorised judge who can take further action on the
case. A report by the State Government in the form provided for in Article
173(2)(i) states: