Section 173 Cr.P.C., Para 122 of U.P. Police Regulations and Government Order dated 03.01.2010 explained
Iqbal And Anr vs The State Of UP Thru Home Secy
Allahabad HC, Lucknow Bench
Case :- U/S 482/378/407 No. - 3321 of 2012
About/from the judgment:
From a joint reading of Section 173 Cr.P.C., Para 122 of U.P. Police Regulations and Government Order dated 03.01.2010, it is clear that:
- Investigating Officer is duty-bound to give information about the result of investigation to complainant (who has lodged the FIR), whether he submits charge-sheet or final report;
- while submitting charge-sheet Investigating Officer has to inform Magistrate whether accused is in jail or on bail or is being forwarded with the charge-sheet. If charge-sheet is being submitted after declaring accused as absconder, a case under Section 174-A of IPC has also to be registered;
- no charge-sheet can be submitted without complying with the provisions of Section 170 and 173 Cr.P.C.;
- ground that accused is political or influential person, as such his arrest may trigger the violence, would not be ground to submit charge-sheet without arresting/forwarding him and
- if the report under Section 173 falls short of above compliance, court will be justified in insisting on compliance before accepting it for cognizance or otherwise.
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