- If, upon an investigation, it appears to the PO that there is sufficient evidence or reasonable ground of suspicion to justify the forwarding of accused to a Magistrate, 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. (Sec 170)
- Concept of challan is provided under section 170 Crpc.
- When Closure report is filed by the police officer, ie., that there seems to be no offence committed if which the information received by him, and the Magistrate agrees with him. Then in such a case Protest Petition can be filed.
- Upon Protest Petition there may be a hearing or further investigation but despite all this if the magistrate still denies to take cognizance then the only remedy available with the informant is to file an application under section 482 before High Court.
- In Vasanti Dubey vs State of MP, it was held that if there is a closure report filed by the PO then the Magistrate can’t compel the PO to convert the Closure report into a chargesheet.
- Section 172 of Crpc makes it mandatory for an investigating officer to maintain a Case Diary.
- The case diary under section 172 of Crpc is used for aid in inquiry or trial to the court.
- If the police officer is contradicted by court on the basis of case diary then accused can also further contradict him under section 145 of Indian Evidence Act.
- In Pulukuri Kottaya vs Emperor, it was held that if the PO has not recorded the case diary then it in itself will not be fatal to the prosecution case rather, the court will seek an explanation from the investigating officer.
- In Shamshool Kanwar vs State of UP, it was held that the accused does not have the right to obtain the copy of case diary. However, if the investigating officer uses it for refreshing his memory or the court uses it for contradicting the Investigating Officer then the accused may obtain the case diary for contradicting the investigating officer under section 145 or 161 of Indian Evidence Act.
- A police report on the completion of investigation is to be forwarded to a Magistrate empowered to take cognizance of the offence. (Sec 173(2))
- In Dinesh Dalmia vs CBI, it was held that the chargesheet has to be filed under section 173(2) when the police officer is satisfied that sufficient material has been gathered for taking further proceeding ie., taking congnizance against the accused.
- In State of Kerala Vs Babu, it was held that section 173(2) prohibits the use of case diary at the inquiry or trial of the same case. It nowhere prohibits its use in some other case.
- In MC Mehta vs Union of India, it was held that the report under section 173(2) is only an opinion of the PO and it is not binding upon the magistrate.
- Police report is not a piece of Evidence.
- After the filing of charge sheet, post cognizance stage commenced and at such stage order can be passed for Judical Custody under section 309(2).
- The investigation in relation to rape of a child may be completed within 3 months from the date on which the information was recorded by the officer in charge of the police station. (Sec 173(1A))
- In every case of Police report, the magistrate is bound to give copy of documents to the accused. (Sec 207)