Holding

For offences punishable with imprisonment for life, including dowry death under Section 304B(8) IPC, the period for filing a challan under Section 167(2)(a) CrPC is 90 days.

Summary

The appellants were arrested for a dowry death under Section 304B(8) of the IPC and applied for bail, contending that the police challan had not been filed within the statutory period. The trial magistrate rejected bail, holding that the challan was filed within 90 days, while the Sessions Judge granted bail, interpreting the period as 60 days. The Punjab and Haryana High Court set aside the bail, holding that the proviso to Section 167(2) of the CrPC mandates a 90‑day period for offences punishable with imprisonment for life. On appeal, the Supreme Court examined the meaning of "punishable" and concluded that because Section 304B(8) allows a maximum sentence of life imprisonment, the 90‑day period applies. Consequently, the High Court’s view was affirmed and the bail order remained cancelled. The Court also noted that the challan, though initially incomplete, was completed with the required documents before the 90‑day deadline, rendering the second issue academic.

Issues considered

Whether the period for filing a police challan under Section 167(2)(a) CrPC is 90 days or 60 days for offences punishable under Section 304B(8) IPC.
Whether the filing of a challan without all accompanying documents satisfies the statutory requirement for timely filing.

Legislation cited

Code of Criminal Procedure, 1973s. 167(2), s. 173(2)
Dowry Prohibition Act, 1961
Essential Commodities Act, 1955s. 11
Indian Penal Code, 1860s. 304B(8)

Subjects

dowry deathSection 304B(8) IPCSection 167(2) CrPCbailinvestigation periodpunishable interpretationcriminal procedure

Judgment

BHUPINDER SINGH AND ORS. A
v.
JARNAIL SINGH AND ANR.
'
JULY 13, 2006

[ARIJIT PASA YAT AND S.H. KAPADIA, JJ.] B

Penal Code, 1860-Section 304B-Ojfence under-Permissible period
for filing of challan in Court-Held: Is 90 days and not 60 days-Code of
Criminal Procedure, 1973-Section 167(2), proviso.
c
Words and Phrases-Word "punishable"-Meaning of

Appellants were arrested for offences punishable under Section 304B,
IPC. They filed application praying for grant of bail on ground that the challan
was not filed in Court in time. Magistrate rejected the application holding D
that the challan was presented in Court pri~r to completion of 90 days and
therefore within the prescribed period. But the Sessions Judge granted bail,
holding that in relation to Section 304(8), IPC permissible period for filing
of challan would be 60 and not 90 days. High Court by referring to the proviso
to sub-section (2) ofS. 167 CrPC however held that the period during which
the challan has to be filed is 90 days and not 60 days. Therefore, the order E
granting bail to the appellants was set aside.

The question which arose for consideration in the present appeal is
whether in a case involving offence punishable under Section 3048 IPC, the
period for filing challan is 90 days or 60 days.
F
Allowing the appeal, the Court

HELD: 1. Proviso to sub-section (2) of Section 167 Cr.P.C. consists of
three parts. The first part relates to power of Magistrate to authorise detention
of the accused person. This part consists of two sub-parts. In positive terms
it prescribes that no Magistrate shall authorize detention of the accused in G
custody, under sub-section (2)(a) for a total period exceeding (i) 90 days where
the investigation relates to an offence punishable under death, imprisonment
for life or imprisonment for a term of not less than 10 years (ii) 60 days
where the investigation relates to any other offences. Thus the period of90
513 H
514 SUPREME COURT REPORTS 12006) SUPP. 3 S.C.R.

A days is applicable to cases where the investigation relates to the three
categories of offences which are punishable with (i) death, (ii) imprisonment
for life; or (iii) imprisonment for a term of not less than ten years. The
question is whether Section 304(8) is an offence "punishable" with
imprisonment for life. 1518-D-FI

B 2.1. A bare reading of Section 304(8) IPC shows that whoever commits
"dowry death" in terms of Section 304(8) IPC shall be punished with an
imprisonment for a term which shall not be less than 7 years but which may
extend to imprisonment for life. In other words, the minimum sentence is 7
years but in a given case sentence of imprisonment for life can be awarded.
C What should be the adequate punishment in a given case has to be decided by
the Court on the basis of the facts and circumstances involved in the
particular case. 1518-C; 519-C-D)

2.2. The stage of imposing a sentence comes only after recording the
order of conviction of the accused person. The significant word in the proviso
D to sub-section (2) of Section 167 CrPC is "punishable". The word
"punishable" as used in statutes which declare that certain offences are
punishable in a certain way means liable to be punished in the way designated.
It is ordinarily defined as deserving of or capable or liable to punishment,
capable of being punished by law or right, may be punished or liable to be
punished, and not must be punished. (519-D-E)
E
2.3. Where minimum and maximum sentences are prescribed both are
imposable depending on the facts of the cases. It is for the Court, after
recording conviction, to impose appropriate sentence. It cannot, therefore, be
accepted that only the minimum sentence is imposable and not the maximum
F sentence. Merely because minimum sentence is provided that does not mean
that the sentence imposable is only the minimum sentence. The High Court's
view in the impugned order that permissible period of filing of challan is 90
days is the correct view. (520-B-CI

State v. B.B. Singh, (2005) I Chandigarh law Reporter 135; Amer v.
G State of Karnataka, (2005) 1 Recent Criminal 107; Nadeem Ahmed v. State,
(2004) Cr.L.J. 4798 and Sunil Kumar v. State ofJharkhand and Ors., (2003)
3 RCR (Criminal) 135, overruled.

Keshav Dev and Ors. v. State of Rajasthan, (2005) Cr.L.J. 3306; State
of Himachal Pradesh v. Lal Singh, (2003) Cr.L.J. 1668 and Ku/deep Singh v.
H State ofPunjab, RCR (Criminal) 599, approved.
BHUPINDER SINGH v. JARNAIL SINGH [PASAYAT. J.] 515

Rajeev Chaudhary v. State (N.C. T.) of Delhi, AIR (2001) SC 2369, A
distinguished.

Sube Singh and Ors. v. State of Hmyana and Ors., (1989( 1 SCC 235,
referred to.

Bouviers Law Dictionary and Corpus Juris Secundum, referred to. B
3. Since in the instant case all the relevant documents were before the
Court before expiry of 90 days period, grievance of the appellant is sans merit.
(525-CJ

Tara Singh v. The State, AIR (1951) SC 441 and Satya Narain Musadi C
and Ors. v. State of Bihar, AIR (1980) SC 506, referred to.

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 757 of2006.

From the Judgment and Order dated I 0.11.2005 of the High Court of
Punjab and Haryana at Chandigarh Revision No. 602/2005. D
Dinesh Kumar Garg and Bheem Pratap for the Appellants.

Sudhir Walia, Mahinder Singh Dahiya, Arun K. Sinha, Rakesh Singh
and Mukesh Sinha for the Respondents.
E
The Judgment of the Court was delivered by

ARIJIT PASAYAT, J. Leave granted.

Challenge in this appeal is to the order passed by a learned Single
Judge of the Punjab and Haryana High Court cancelling the bail granted to p
the appellants.

Factual background in a nutshell is as under:

On 16.4.2003 appellant No.1-Bhupinder Singh was married to Smt. Kamaljit
Kaur (hereinafter referred to as the 'deceased'). On 2.8.2004 she was found G
dead. On the allegation that the appellants had committed murder of the
deceased, First Information Report (in short the 'FIR') was lodged by the
Respondent Jarnail Singh and on that basis appellants I and 2 (Bhupinder
and Balwinder) were arrested on 5.8.2004. Subsequently on 7.8.2004 appellant
No.3 (Kanwaljit Kaur) was arrested. Prayer for bail was made before learned
Judicial Magistrate, !st Class, Batala on 4. I 1.2004 who refused to grant bail H
516 SUPREME COURT REPORTS [2006] SUPP. 3 S.C.R.

A to the appellants. Their stand before the Court in essence was that since
challan was not filed in time, they were entitled to bail in terms of Section
J67(2)(a)(ii) of the Code of Criminal Procedure, 1973 (in short the 'Cr.P.c.').
Learned Magistrate rejected the application stating that the challan was
presented in court prior to the completion of 90 days and therefore, it was
B presented within the prescribed period. The order was challenged before
learned Sessions Judge, Gurdaspur who granted bail relying on certain
decisions of the Delhi High Court and Karnataka High Court (State v. 8.8.
Singh (2005) I Chandigarh Law Reporter 135, Amer v. State of Karnataka,
(2005) I Recent Criminal 107, and Nadeem Ahmed v. State, (2004) Cr.L.J. 4798)
holding that in relation to Section 304(8) of the Indian Penal Code, 1860 (in
C short the '!PC') period of60 days of remand would be applicable and not 90
days for the purpose of Section I67(2)(a)(ii). Questioning correctness of the
said decision a revision petition was filed before the High Court by the
complainant-respondent No. I. The High Court referring to the proviso to sub-
section (2) of Section 167 Cr.P.C held that the period during which the challan
has to be filed is 90 days and not 60 days as held by the learned Sessions
D Judge. Therefore, the order granting bail to the appellants was set aside.

According to learned counsel for the appellant learned Sessions Judge
was correct in his view and the High Court has erred in holding that the
period is 90 days and not 60 days. Irwas further submitted that though it was
E the stand of the State that the challan was filed within a period of 60 days
it is contrary to the materials on record. The challan which had been filed was
incomplete and in fact requisite documents did not accompany it.

Per contra learned counsel for the complainant and State of Punjab
submitted that the view taken by the High Court is correct.
F
In reply to this stand about the defective challan learned counsel for
the respondents submitted that the challan was in fact filed, some documents
were filed later on, and that did not make the challan, filed within 60 days,
incomplete.

G The points raised needs careful consideration.

Sections 304(8) !PC and Section l 67(2)(a) Cr.PC read as follows:

"3048 (!PC): Dowry death.-

(I) Where the death of a woman is caused by any burns or bodily
H
BHUPINDER SINGHv. JARNAIL SINGH [PASAYAT, J.] 517

injury or occurs otherwise than under nonnal circumstances within A
seven years of her marriage and it is shown that soon before her death
she was subjected to cruelty or harassment by her husband or any
relative of her husband for, or in connection with, any demand for
dowry, such death shall be called "dowry death", and such husband
or relative shall be deemed to have caused tier death.
B
Explanation.-For the purpose of this sub-secuon, "dowry" shall have
the same meaning as in section 2 of the Dowry Prohibition Act, 1961
(28of1961).

(2) Whoever commits dowry death shall be punished with imprisonment
for a tenn which shall not be less than seven years but which may C
extend to imprisonment for life.]

"167 Cr.PC: Procedure when investigation can not be completed in
twenty four houses.-

(2) ...... D
Provided that -

(a) the Magistrate may authorise the detention of the accused person,
otherwise than in the custody of the police, beyond the period of
fifteen days, if he is satisfied that adequate grounds exist for doing E
so, but no Magistrate shall authorise the detention of the accused
person in custody under this paragraph for a total period exceeding-

(i) ninety days, where the investigation relates to an offence punishable
with death, imprisonment for life or imprisonment for a tenn ofnot less
ihan ten years;
F
(ii) sixty days, where the investigation relates to any other offence,

·and, on the expiry of the said period of ninety days, or sixty days, as
the case may be, the accused person shall be released on bail if he
is prepared to and does furnish bail, and every person released on bail
under this sub-section shall be deemed to be to released under the G
provisions of Chapter XXXIJI for the purposes of that Chapter;]

Two questions that essentially arise for consideration are as follows:

(a) In a case involving offence punishable under Section 304(8) is
the period for filing challan 90 days or 60 days? I-f
518 SUPREME COURT REPORTS [2006] SUPP. 3 S.C.R.

A (b) Does mere filing of challan without relevant documents satisfy
the requirement of filing the challan within a stipulated period for
the purpose of Section I67(2)(a) 9

So far as the factual position is concerned there is no dispute that all
the relevant documents were before the Court before expiry of 90 days. In
B case it is held that the period is 90 days and not 60 days in relation to an
offence punishable under Section 304(8) IPC. the second question would
become academic so far as the facts of the present case are concerned. But
this question crops up in a large number of cases.

A bare reading of Section 304(8) IPC shows that whoever commits
C "dowry death" in terms of Section 304(8) IPC shall be punished with an
imprisonment for a term which shall not be less than 7 years but which may
extend to imprisonment for life. In other words, the minimum sentence is 7
years but in a given case sentence of imprisonment for life can be awarded.
Put differently, sentence of imprisonment for life can be awarded in respect
D of an offence punishable under Section 304(8) IPC. Proviso to sub-section (2)
of Section 167 consists of three parts. The first part relates to power of
Magistrate to authorise detention of the accused person. This part consists
of two sub-parts. In positive terms it prescribes that no Magistrate shall
authorize detention of the accused in custody, under this paragraph [meaning
sub-section (2)(a)] for a total period exceeding (i) 90 days where the
E investigation relates to an offence punishable under death, imprisonment for
life or imprisonment for a terms of not less than 10 years (ii) 60 days where
the investigation relates to any other offences. The period of 90 days is
applicable to cases where the investigation relates to the three categories of
offences which are punishable with (i) death, (ii) imprisonment for life; or (iii)
F imprisonment for a term of not less than ten years. The question is whether
Section 304(8) is an offence "punishable" with imprisonment for life. Strong
reliance was placed by Mr. D.K. Garg, learned counsel appearing for the
appellant on the decision in Rajeev Chaudhwy v. State (N.C.T.) of Delhi, AIR
(2001) SC 2369. A reference is also made to the decisions of the Jharkhand,
Delhi and Karnataka High Court where the ratio in Raj iv Choudhary 's case
G (supra) has been made applicable to cases involving offence punishable
under Section 304(8) IPC. The Jharkhand High Court's decision is Sunil
Kumar v. State ofJharkhand and Ors., (2003) 2 RCR (Criminal) 135. Contrary
view appears to have been taken by the Rajasthan and the Himachal Pradesh
High Courts in Keshav Dev and Ors. v. State of Rajas than, (2005) Cr.LJ 3306,
H and Stale of Himacha/ Pradesh v. Lal Singh, (2003) Cr.LJ 1668. The Punjab
BHUPINDER SINGH v. JARNAIL SINGH [PASA YAT, J.] 519
and Haryana High Court appears to have taken somewhat different view in A
two different caS\!S. In Ku/deep Singh v. State of Punjab, RCR (Criminal) 599
it was held that the period is 90 days, as has been held in the case at hand.
But a different view (though in relation to some other offences) was taken in
Abdul Hamid and Another (Crl. Misc. No. 40599 M of 2005 disposed of on
21st September, 2005). A bare reading of Rajiv Chaudhary's case (supra)
shows that the same related to an offence punishable under Section 386 IPC B
and the sentence in respect of the said offence is not less than I0 years. This
court held that \he expression "not less than" means that the imprisonment
shoul~ be I 0 years or more to attract 90 days period. In that context it was
said that for the purpose of clause (i) of proviso (a) of Section 167(2) Cr.PC
0 the imprisonment should be for a clear period of I0 years or more. The C
position is different in respect of the offence punishable under Section 304(B)
!PC. In case of Section 304(B) the range varies between 7 years and
imprisonment for life. What should be the adequate punishment in a given
case has to be decided by the Court on the basis of the facts and circumstances
involved in the particular case. The stage of impos.ing a sentence comes only
after recording the order of conviction of the accused person. The significant D
word in the proviso is "punishable". The word "punishable" as used in
statutes which declare that certain offences are punishable in a certain way
means liable to be punished in the way designated. It is ordinarily defined as
deserving of or capable or liable to punishment, capable of being punished
by law or right, may be punished or liable to be punished, and not must be E
punished.

In Bouviers Law Dictionary meaning of the word "punishable", has
been given as "liable to punishment". In "Words and Phrases" (Permanent
Edition) following meaning is given:-
F
"The word "punishable" in a statute stating that a crime is
punishable by a designated. penalty or term of years in the State
prison limits the penalty or term of years to the amount or term of,
years stated in the statute".

"Corpus Juris Secundum" gives the meaning as: G
"Deserving of or liable to, punishment; capable of being punished
by law or right; said of persons or offences. The meaning of the term
is not "must be punished" but "may be punished" or "liable to be
punished".
H
520 SUPREME COURT REPORTS (2006) SUPP. 3 S.C.R.

A While dealing with a case relating to Punjab Borstal Act, 1926, this
Court held that a person convicted under Section 302 IPC and sentenced to
life imprisonment is not entitled to benefit of Section 5 of the said Act as
offence of murder is punishable with death. (See Su be Singh and Ors. v. State
of Haryana and Ors., [1989] 1 SCC 235).

B Where minimum and maximum sentences are prescribed both are
imposable depending on the facts of the cases. It is for the Court, after
recording conviction, to impose appropriate sentence. It cannot, therefore, be
accepted that only the minimum sentence is imposable and not the maximum
sentence. Merely because minimum sentence is provided that does not mean
C that the sentence imposable is only the minimum sentence. The High Court's
view in the impugned order that permissible period of filing of challan is 90
days is the correct view. Contrary view expressed by Jharkhand, Delhi and
Kamataka High Courts is not correct. Himachal Pradesh, Rajasthan and Punjab
and Haryana High Courts taking the view 90 days is the period have expressed
the correct view. Therefore, on that ground alone the appeal fails. But since
D another point urged for consideration which as noted above arises in many
cases, we are considering that matter. In Tara Singh v. The State, AIR ( 1951)
SC 441 four Judge Bench of this Court inter-alia had examined the effect of
supplementary report. The contents of the report as required to be given
under Section 173(1)(a) of Criminal Procedure Code, 1898 (in short the.'old
E Code') were examined. In para 14 it was noted as follows :-

"When the police drew up their challan of the 2nd October, 1949, and
submitted it to the court on the 3rd, they had in fact completed their
investigation except for the report of the Imperial Serologist and the
drawing of a sketch map of the occurrence. It is always permissible
F for the Magistrate to take additional evidence not set out in the
challan. Therefore the mere fact that a second challan was put in on
the 5th October would not necessarily vitiate the first. All that section
173( 1)(a) requires is that as soon as the police investigation under
Chapter XIV of the Code is complete, there should be forwarded to
the Magistrate a report in the prescribed form :
G
"Setting forth the names of the parties, the nature of the information
and the names of the person who appear to be acquainted with the
circumstances of the case."

All that appears to have been done in the report of the 2nd October
H which the police called their incomplete challan'. The witnesses named

-
BHUPINDER SINGHv. JARNAIL SINGH [PASAYAT, J.) 521
in the second challan of the 5th October were not witnesses who were A
"acquainted with the circumstances of the case." They were merely
formal witnesses on other matters. So also in the supplementary
challan of the 19th. The witnesses named are the I st Class Magistrate,
Amritsar, who recorded the dying declaration, and the Assistant Civil
Surgeon. They are not witnesses who were "acquainted with the
circumstances of the case." Accordingly, the challan which the police B
called an incomplete challan was in fact a completed report of the kind
which section 173(1 )(a) of the Code contemplates. There is no force
in this argument and we hold that the Magistrate took proper
cognisance of the matter."

Section 173 of the Cr.P.C. deals with report of police officer on completion
c
of investigation. The said provision so far as relevant reads as follows :

"173. Report of police officer on completion of investigation.-

(I)
"
Every investigation under this Chapter shall be completed witllbut
unnecessary delay. D
(2) (i) 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
E
(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;
F
(d) whether any offence appears to have been committeed 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 G
"J{· with out without sureties;

(g) whether he has been forwarded in custody under section
170.

(ii) The officer shall also communicate, in such manner as may
H
522 SUPREME COURT REPORTS (2006] SUPP. 3 S.C.R.

A be prescribed by the State Government, the action taken by
him, to the person, if any whom the information relating to
the commission of the offence was 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
B 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
C make such 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 -
D
(a) all documents or relevant extracts thereof on which the
prosecution proposes to rely other than those already sent to the
Magistrate during investigation;
(b) the statements recorded under section 161 of all the persons
whom the prosecution proposes to examine as its witnesses.
E
(6) If the police officer is of opinion that any part of any such
statement is not relevant to the subject matter of the proceeding or
that its disclosure to the accused is not essential in the interests of
justice and is inexpedient in the public interest, he shall indicate that
part of the statement and append a note requesting the Magistrate to
F
exclude that part from the 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
G documents referred to in sub-section (5)".

In the instant case undisputedly the challan was filed on 30.10.2004 and
the trial court passed an order to the effect that the Ahlmad was to check and
report. The Ahlmad examined the challan and noted as follows :

"Challan checked and found that negatives of the three photographs
H
BHUPINDER SINGH v. JARNAIL SINGH [PASA YAT, J.] 523
are not attached with." A
The negatives were filed on 1.11.2004 and it was indicated that "Challan
checked, found correct".

In Satya Narain Musadi and Ors. v. State of Bihar, AIR ( 1980) SC 506
dealing with the Section 11 of the Essential Commodities Act, 1955 held as B
follows:

"Section 11 of the Act precludes a Court from taking cognizance
of the offence punishable under the Act except upon a report in
writing of the facts constituting such offence made by a person who
is a public servant as defined in Section 21 of the Indian Penal Code. C
The question is, if such police officer investigating into an offence
which the Act has declared as cognizable submits a report in writing
under Section 173(2) disclosing an offence under the Act and
requesting for proceeding further into the matter, would it satisfy the
requirements of Section 11 for taking cognizance of the offence so D
disclosed? Undoubtedly the police officer submitting the report would
be a public servant within the meaning of S.21 and his report has to
be in writing as required by Section 173(2). It must disclose an offence
of which cognizance can be taken by the Magistrate.

Section 173(2) thus provides what the report in the prescribed E
form should contain. Jn this case the report did contain the name of
the accused and the nature of the offence. In fact Section 170 provides
that if upon an investigation under Chapter XII it appears to the
officer in charge of the police station that there is sufficient evidence
or reasonable ground to proceed against the accused such officer F
shall forward the accused under cust,ody to a Magistrate empowered
to take cognizance of the offence upon a police report, etc. If the
accused is on bail that fact will be notified in the final report submitted
under Section 173(2) would be complied with if the various details
therein prescribed are included in the report. This report is an intimation
to the Magistrate that upon investigation into a cognizable offence G
the investigating officer has been able to procure sufficient evidence
for the Court to inquire into the offence and the necessary information .
is being sent to the Court. In fact, the report under Section 173(2)
purports to be an opinion of the investigating officer that as far as
he is concerned he has been able to procure sufficient evidence for H
the trial of the accused by the Court and when he states in the report
524 SUPREME COURT REPORTS (2006] SUPP. 3 S.C.~.

A not only the names of the accused, but names of the witnesses, the
nature of the offence and a request that the case be tried, there is
compliance with Section 173(2). The report as envisaged by Section
173(2) has to be accompanied as required by sub-Section (5) by all the
documents and statements of the witnesses therein mentioned. One
cannot divorce the details which the report must contain as required
B by sub-Section (2) from its accompaniments which are required to be
submitted under sub-section 5. The whole of it is submitted as a
report to the Court. But even if a narrow construction is adopted that
the police report can only be what is prescribed in Section 173(2) there
would be sufficient compliance if what is required to be mentioned by
c the statute has been set down in the report. To say that all the details
of the offence must be set out in the report under Section 173(2)
submitted by the police officer would be expecting him to do something
more than what the Parliament has expected him to set out therein. If
the report with sufficient particularity and clarity specifies the
contravention of the law which is the alleged offence, it would be
D
sufficient compliance with Section 11. The details which would be
necessary to be proved to bring home the guilt to the accused would
emerged at a later stage, when after notice to the accused a charge
is framed against him and further in the course of the trial. They would · ·
all be matters of evidence and Section 11 does not require !he report
E to be or to contain the evidence in support of the charge, its function
being merely to afford a basis for enabling the Magistrate to take
cognizanc~ of the case (see Bhagwati Saran v. State of Uttar Pradesh,
(1961) 3 SCR 563).

In this connection Mr. Nag referred to Rachpal Singh v. Rex., AIR
F (1949) 'Oudh 66 wherein after observing that the failure to mention
facts constituting the contravention of a rule means the absence in
the report of the very first of the numerous steps in the course of the
trial of something which is vital and goes to the very root of the case,
a further contention on behalf of the State that the Court may at that
G stage look into the first information report filed in the case was
negatived. This very narrow view of the matter does not commend to
us. In fact, on the introduction of Section 173 in its form in the Code
of Criminal Procedure, 1973, the police officer investigating into a
cognizable offence is under a statutory obligation to submit alongwith
his report under Section 173(2) documents purporting to furnish
H evidence collected in the course of investigation and the statements
BHUPINDER SINGH v. JARNAIL SINGH [PASA YAT. J.] 525
of the witnesses and the court before proceeding into the case under A
a duty to inquire whether the accused has been furnished with copies
of all relevant documents received under Section 173 by the Court,
and the entire complexion of what should normally be styled as report
a
submitted under Section 173(2) of the Code has undergone change.
Court can look at the report in prescribed form along with its B
accompaniments for taking cognizance of the offence."

Stand of learned counsel for the appellant was that the mere filing of
the defective challan was really of no consequence. This aspect has been
dealt with in Tara Singh 's and Satya Narain 's cases (supra) in detail. Since
all the relevant documents were before the Court before expiry of 90 days C
period, grievance of the appellant is sans merit.

It would be appropriate if original photographs relied upon are filed
along with the report under Section 173(2) of Cr.P.C., and can be taken back
with permission of the Court to be produced as and when required.
Alternatively, the zerox copies can be filed along with a certificate that they D
can be compared with the originals, as and when so directed by the Court.

A residuary plea was taken by Mr. D.K. Garg, learned counsel for the
appellant that the bail was granted on 11.2.2005 and was cancelled on
10.11.2005. It is stated that there is no allegation against that the appelfunt
had misused the liberty of bail from the date of grant of bail upto thte. date E
of cancellation or thereafter as the order of cancellation has been stayed. At
the stage of consideration of the bail application in terms of Section 167(2)
there was no consideration on the merits of the case. Let the appellants
surrender forthwith to custody. It is, however, open to them to move for bail
which shall be considered in its own perspective. We make it clear that we F
have not expressed any opinion on merits. The appeal is allowed ..

B.B.B. Appeal allowed.

,.. ..