DABLU KUJURversusTHE STATE OF JHARKHAND

                  [2024] 3 S.C.R. 614 : 2024 INSC 197

                               Dablu Kujur
                                     v.
                          The State of Jharkhand
                     (Criminal Appeal No. 1511 of 2024)
                                 12 March 2024
               [Bela M. Trivedi* and Pankaj Mithal, JJ]

                            Issue for Consideration
       The issue for consideration was the compliance of the requirements
       of a Police Report under Section 173(2) of the Code of Criminal
       Procedure, 1973.

                                    Headnotes
       Criminal Law – Police Report – Section 173 of the Code of
       Criminal Procedure, 1973 – Section 2 (r) of the Code of Criminal
       Procedure, 1973:
       Held: The Police Report under Section 173(2) Cr.P.C. being a very
       important piece of document from the view point of the prosecution,
       the defence and the court, it is incumbent upon the Investigating
       Officer to strictly comply with the requirements of the said provisions,
       as non-compliance thereof gives rise to many legal issues in the
       court of law. [Para 7]
       Code of Criminal Procedure, 1973 – s.173(2) – Report under
       Section 173(2) forms basis for cognizance – Charge Sheet is
       an opinion of the investigating officer to the concerned court:
       Held : Only a report forwarded by the Police Officer to the
       Magistrate under Section 173(2) of the Code of Criminal Procedure
       can form the basis for the competent court to take cognizance
       thereupon – A Charge Sheet under Section 173(2) of the Code of
       Criminal Procedure is an opinion or intimation of the investigating
       officer to the concerned court that on the material collected during
       investigation, an offence appears to have been committed by the
       particular person/s. [Paras 12 and 13]
       Criminal Law – Magistrate has three options where Police
       Report concludes offence is made out; and where Police
       Report concludes that no offence is made out.


* Author
[2024] 3 S.C.R.                                                               615

                    Dablu Kujur v. The State of Jharkhand


     Held : When a Police Report concludes that an offence appears
     to have been committed, the Magistrate has three options : (i) he
     may accept the report and take cognizance and issue process; (ii)
     he may direct further investigation under Section 156(3); (iii) he
     may disagree with the report, and discharge the accused – When
     the Police Report concludes that no offence appears to have been
     committed, the Magistrate has three options : (i) he may accept
     the report and drop the proceedings; (ii) he may disagree with
     the report and conclude that there is sufficient ground to proceed
     further, and take cognizance and issue process; (iii) he may direct
     further investigation under Section 156(3) of the Code of Criminal
     Procedure. Reliance placed on the Judgment in Bhagwant Singh
     v. Commissioner of Police & Anr., [1985] 3 SCR 942 :1985 INSC
     103 : (1985) 2 SCC 537. [Para 14]
     Code of Criminal Procedure, 1973 – s.173(2) & (5) – Whether
     Final Report keeping investigation open qua other accused, or
     without all documents under Section 173(5) is in compliance
     with Section 173(2) – Would not vitiate the charge sheet:
     Held : Reliance placed on the Judgment in Satya Narian Musadi
     & Ors. v. State of Bihar (1980) 3 SCC 152, wherein it was held
     that the statutory requirement of Section 173(2) Cr.P.C. would be
     complied with if various details prescribed therein are included in the
     report. The report is complete if it is accompanied with all documents
     and statements of witnesses as required by Section 173(5) Cr.P.C.
     Reliance is also placed on the Judgment in Dinesh Dalmia v. CBI,
     [2007] 9 SCR 1124 : 2007 INSC 941 : (2007) 8 SCC 770, wherein
     it was held that even if all the documents are not filed, by reason
     thereof, the charge-sheet itself would not be vitiated in law. Relied
     upon the Judgment in CBI v. Kapil Wadhwan, [2024] 1 SCR 677 :
     2024 INSC 58, holding that pendency of further investigation qua
     other accused or non-availability of documents at the time of filing
     of charge sheet would not vitiate the charge sheet. [Para 15]
     Code of Criminal Procedure, 1973 – Investigation – Procedure
     for investigation under Section 157 to Section 172 of the Code
     of Criminal Procedure, 1973 – Reports by the Police:
     Held: Under Section 157 of the Code of Criminal Procedure, 1973,
     if an officer-in-charge of a Police Station has reason to suspect the
     commission of an offence, which he is empowered to investigate
     under Section 156 of the Code of Criminal Procedure, 1973, he shall
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       forthwith send a report of the same to the Magistrate – Such report
       would be in the nature of preliminary report – Under Section 169,
       upon completion of investigation, if it appears to the Officer-in-charge
       of the Police Station that there is not sufficient evidence or reasonable
       ground of suspicion to justify the forwarding of the accused to a
       Magistrate, such officer shall, release such person, and direct him to
       appear as and when required before the Magistrate empowered to
       take cognizance of the offence – Section 170 of the Code of Criminal
       Procedure deals with cases when evidence is sufficient – Section 172
       pertains to Diary of proceedings in investigation – Every Police Officer
       making an investigation under Chapter XII of the Code of Criminal
       Procedure is required to enter his proceedings in the investigation in a
       diary day-by-day – Section 172(1A) requires statements of witnesses
       to be inserted in the case diary; and Section 172(1B) requires such
       diary to be in a volume and duly paginated. [Para 10 and 11]
       Code of Criminal Procedure, 1973 – s.173(2) – Mandatory
       requirements under Section 173(2) of the Code of Criminal
       Procedure – Directions for compliance issued to Police
       Officers:
       Held : The Report of a Police Officer on the completion of
       investigation shall contain : (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 170 applies, the police officer shall
       forward to the Magistrate along with the report, all the documents
       or relevant extracts thereof on which the prosecution proposes
[2024] 3 S.C.R.                                                           617

                    Dablu Kujur v. The State of Jharkhand


     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). [Para 17]

                              Case Law Cited
           Bhagwant Singh v. Commissioner of Police & Anr.
           [1985] 3 SCR 942 : 1985 INSC 103 : (1985) 2 SCC
           537; Satya Narain Musadi & Ors. v. State of Bihar
           (1980) 3 SCC 152; Dinesh Dalmia v. CBI, [2007] 9
           SCR 1124 : 2007 INSC 941 : (2007) 8 SCC 770; CBI
           v. Kapil Wadhwan [2024] 1 SCR 677 : 2024 INSC
           58 – relied on.

                                List of Acts
     Code of Criminal Procedure, 1973.

                              List of Keywords
     Police Report; Charge Sheet; Compliance of Section 173 Cr.P.C.;
     Directions for Final Report.

                             Case Arising From
     CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.1511
     of 2024
     From the Judgment and Order dated 17.01.2023 of the High Court
     of Jharkhand at Ranchi in BA No.11895 of 2022
                          Appearances for Parties
     Sudhanshu Chaudhari, Sr. Adv., Vatsalya Vigya, Advs. for the
     Appellant.
     Sharan Dev Singh Thakur, A.A.G., Vishnu Sharma, Shantanu Sagar,
     Puneet Singh Bindra, Anil Kumar, Gunjesh Ranjan, Vaibhav Jain,
     Rajesh Ranjan, Attin Shankar Rastogi, A. Vasudeva, Prateek Yadav,
     Azmat Hayat Amanullah, Ms. Ruchira Goel, Siddharth Thakur,
     Sharanya Sinha, Mustafa Sajad, Ms. Keerti Jaya, Adit Jayeshbhai
     Shah, Advs. for the Respondent.
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                 Judgment / Order of the Supreme Court

                                     Judgment
       Bela M. Trivedi, J.
1.     Leave granted.
2.     The appellant-accused, by way of the present appeal has challenged
       the impugned judgment and order dated 17.01.2023 passed by
       the High Court of Jharkhand at Ranchi in B.A. No.11895 of 2022,
       whereby the High Court has dismissed the said application seeking
       his release on bail in respect of the FIR being Sukhdeonagar P.S.
       Case No.-238/2022 dated 30.05.2022 registered for the offences
       under Sections 302, 120-B/34 of IPC and Section 25(1-B) A/26/27/35
       of the Arms Act.
3.     During the course of arguments, it was apprised to the Court that
       the trial is at the fag end and almost all the witnesses have been
       examined by the prosecution except one witness.
4.     In view of the above, we are not inclined to release the appellant on
       bail, more particularly, when the trial is at the fag end.
5.     Before parting, it may be noted that on 17.07.2023, this Court
       (Coram- Mr. Justice Sanjiv Khanna and Ms. Justice Bela M. Trivedi)
       had passed the following order: -
            “The learned counsel for the State of Jharkhand states
            that Sections 34 and 120B of the Indian Penal Code, 1860
            have been SLP(Crl.) No. 2874/2023 invoked against the
            petitioner - Dablu Kujur.
            Having gone through the chargesheet, we must observe
            that it is bereft of any details and particulars. The Director
            General of Police (DGP), State of Jharkhand will examine
            whether the said chargesheet is in accordance with law,
            and if such chargesheets are being filed, appropriate steps
            should be taken in compliance with the relevant provisions
            of the Code of Criminal Procedure, 1973. The DGP, State
            of Jharkhand will file an action report within a period of
            four weeks from today.
            We are told that similar chargesheets bereft of details
            and particulars are being filed in the States of Bihar and
[2024] 3 S.C.R.                                                              619

                    Dablu Kujur v. The State of Jharkhand


           Uttar Pradesh. A copy of this order will also be sent to the
           relevant DGPs for the States of Bihar and Uttar Pradesh,
           who will submit their respective reports on the steps taken
           by them within four weeks from today.
           Keeping in view the facts of the present case, we are
           inclined to direct the trial court to examine the public
           witnesses within a period of four months from today, without
           fail. Status report along with copy of the order sheets will
           be filed immediately upon completion of four months.
           List for consideration and orders in the first half of
           December 2023”.
6.   In compliance with the said order, the affidavits are filed on behalf of
     the State of Jharkhand, Uttar Pradesh and Bihar with regard to the
     steps taken/being taken by them for submitting the Chargesheets/
     Police Reports in accordance with law.
7.   The Police Report submitted by the police under Section 173(2)
     being very important piece of document from the view point of
     the prosecution, the defence and the court, we deem it necessary
     to elaborately deal with the various aspects involved in the said
     provision. For the reasons stated hereinafter, we are of the opinion
     that it is incumbent on the part of the Investigating Officer to
     strictly comply with the requirements of the said provisions, as
     non-compliance thereof gives rise to many legal issues in the
     court of law.
8.   As per Section 2(r) of Cr.P.C, “Police Report” means a report
     forwarded by a Police Officer to a Magistrate under sub-section (2)
     of Section 173.
9.   Section 173 reads as under: -
           “173. Report of police officer on completion of investigation. —
           (1) Every investigation under this Chapter shall be
           completed without unnecessary delay.
           [(1A) The investigation in relation to [an offence under
           sections 376,376A, 376AB, 376B, 376C, 376D, 376DA,
           376DB or 376E] from the date on which the information
           was recorded by the officer in charge of the police station.]
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       (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—
            (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 2 [sections 376,376A,
                  376AB, 376B, 376C, 376D, 376DA, 376DB] or
                  section 376E of the Indian Penal Code (45 of
                  1860)].]
       (ii) 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 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 make such order for the discharge of
       such bond or otherwise as he thinks fit.
[2024] 3 S.C.R.                                                            621

                    Dablu Kujur v. The State of Jharkhand


           (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—
                (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.
           (6) If the police officer is of opinion that any part of 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 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 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 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 (2) 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 in relation to a report forwarded
           under sub-section (2)”.
10. The procedure for investigation has been laid down in Section 157
    of Cr.P.C. which states inter alia that if from the information received
    or otherwise, an officer in charge of a police station has reason
    to suspect the commission of an offence which he is empowered
    under Section 156 to investigate, he shall forthwith send a report
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       of the same to a Magistrate empowered to take cognizance of
       such offence upon a police report and shall proceed in person,
       or shall depute one of his subordinate officers to proceed, to the
       spot, to investigate the facts and circumstances of the case, and,
       if necessary, to take measures for the discovery and arrest of the
       offender. Such report would be in the nature of preliminary report.
       As per Section 169, upon the completion of the investigation, if it
       appears to the officer in charge of the police station that there is
       not sufficient evidence or reasonable ground of suspicion to justify
       the forwarding of the accused to a Magistrate, such officer shall,
       if such person is in custody, release him on his executing a bond,
       with or without sureties, as such officer may direct, to appear, if
       and when so required, before the Magistrate empowered to take
       cognizance of the offence on a police report, and to try the accused
       or commit him for trial. Section 170 deals with the cases to be
       sent to Magistrate when evidence is sufficient. The relevant part of
       Section 170(1) reads as under: -
            “170. Cases to be sent to Magistrate, when evidence is
            sufficient.—(1) If, upon an investigation under this Chapter,
            it appears to the officer in charge of the police station
            that there is sufficient evidence or reasonable ground as
            aforesaid, such officer shall forward the accused under
            custody to a Magistrate empowered to take cognizance of
            the offence upon a police report and to try the accused or
            commit him for trial, or, if the offence is bailable and the
            accused is able to give security, shall take security from
            him for his appearance before such Magistrate on a day
            fixed and for his attendance from day to day before such
            Magistrate until otherwise directed.”
11. Section 172 pertains to the Diary of proceedings in investigation, which
    requires every police officer making an investigation under Chapter
    XII Cr.P.C. to enter his proceedings in the investigation in a diary day
    by day. Sub-section (IA) of Section 172 requires that the statements
    of the witnesses recorded during the course of investigation under
    section 161 have to be inserted in the case diary; and sub-section
    (1B) of Section 172 requires that such diary shall be a volume and
    duly paginated.
12. We are more concerned with Section 173(2) as we have found that
    the investigating officers while submitting the chargesheet/Police
[2024] 3 S.C.R.                                                                            623

                      Dablu Kujur v. The State of Jharkhand


     Report do not comply with the requirements of the said provision.
     Though it is true that the form of the report to be submitted under
     Section 173(2) has to be prescribed by the State Government and
     each State Government has its own Police Manual to be followed
     by the police officers while discharging their duty, the mandatory
     requirements required to be complied with by such officers in the
     Police Report/Chargesheet are laid down in Section 173, more
     particularly sub-section (2) thereof.
13. It may be noted that though there are various reports required to
    be submitted by the police in charge of the police station before,
    during and after the investigation as contemplated in Chapter XII
    of Cr.P.C., it is only the report forwarded by the police officer to
    the Magistrate under sub-section (2) of Section 173 Cr.P.C. that
    can form the basis for the competent court for taking cognizance
    thereupon. A chargesheet is nothing but a final report of the police
    officer under Section 173(2) of Cr.P.C. It is an opinion or intimation
    of the investigating officer to the concerned court that on the material
    collected during the course of investigation, an offence appears to
    have been committed by the particular person or persons, or that
    no offence appears to have been committed.
14. When such a Police Report concludes that an offence appears
    to have been committed by a particular person or persons, the
    Magistrate has three options: (i) he may accept the report and take
    cognizance of the offence and issue process, (ii) he may direct further
    investigation under sub-section (3) of Section 156 and require the
    police to make a further report, or (iii) he may disagree with the report
    and discharge the accused or drop the proceedings. If such Police
    Report concludes that no offence appears to have been committed,
    the Magistrate again has three options: (i) he may accept the report
    and drop the proceedings, or (ii) he may disagree with the report
    and taking the view that there is sufficient ground for proceeding
    further, take cognizance of the offence and issue process, or (iii)
    he may direct further investigation to be made by the police under
    sub-section (3) of Section 1561.
15. The issues with regard to the compliance of Section 173(2) Cr.P.C.,
    may also arise, when the investigating officer submits Police Report


1   Bhagwant Singh vs. Commissioner of Police & Anr.; [1985] 3 SCR 942 : (1985) 2 SCC 537
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       only qua some of the persons-accused named in the FIR, keeping
       open the investigation qua the other persons-accused, or when all
       the documents as required under Section 173(5) are not submitted. In
       such a situation, the question that is often posed before the court is
       whether such a Police Report could be said to have been submitted
       in compliance with sub-section (2) of Section 173 Cr.P.C. In this
       regard, it may be noted that in Satya Narain Musadi & Ors. vs.
       State of Bihar2, this Court has observed that statutory requirement
       of the report under Section 173(2) would be complied with if various
       details prescribed therein are included in the report. The report is
       complete if it is accompanied with all the documents and statements
       of witnesses as required by Section 175(5). In Dinesh Dalmia vs.
       CBI 3, however, it has been held that even if all the documents are
       not filed, by reason thereof the submission of the chargesheet itself
       would not be vitiated in law. Such issues often arise when the accused
       would make his claim for default bail under Section 167(2) of Cr.P.C.
       and contend that all the documents having not been submitted as
       required under Section 173(5), or the investigation qua some of the
       persons having been kept open while submitting Police Report under
       Section 173(2), the requirements under Section 173(2) could not be
       said to have been complied with. In this regard, this Court recently
       held in case of CBI vs. Kapil Wadhwan & Anr.4 that: -
             “Once from the material produced along with the
             chargesheet, the court is satisfied about the commission of
             an offence and takes cognizance of the offence allegedly
             committed by the accused, it is immaterial whether the
             further investigation in terms of Section 173(8) is pending
             or not. The pendency of the further investigation qua the
             other accused or for production of some documents not
             available at the time of filing of chargesheet would neither
             vitiate the chargesheet, nor would it entitle the accused
             to claim right to get default bail on the ground that the
             chargesheet was an incomplete chargesheet or that the
             chargesheet was not filed in terms of Section 173(2) of
             Cr.P.C.”


2   (1980) 3 SCC 152
3   [2007] 9 SCR 1124 : (2007) 8 SCC 770
4   [2024] 1 SCR 677 : Criminal Appeal No. 391 of 2024 (@ SLP (Crl) No. 11775 of 2023)
[2024] 3 S.C.R.                                                         625

                    Dablu Kujur v. The State of Jharkhand


16. The above referred discussion has been necessitated for highlighting
    the significance of the compliance of requirements of the provisions
    contained in Section 173(2) of Cr.P.C.
17. Ergo, having regard to the provisions contained in Section 173 it is
    hereby 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 170
           applies, 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.
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       (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).
18. It is 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.
19. 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. The appeal stands disposed of accordingly.


       Headnotes prepared by:                               Result of the case:
       Vidhi Thaker, Hony. Associate Editor                 Appeal disposed of
       (Verified by: Liz Mathew, Sr. Adv.)