It Is Mandatory For Investigating Agency To File A Report U/S 173(2) CrPC Once Police Registers FIR On Magistrate's Order U/S 156(3): Supreme Court
The Supreme Court observed that once an FIR is registered pursuant to an order passed by Magistrate under Section 156(3) CrPC, it is mandatory for the investigating agency to file a report under Section 173 (2) CrPC before the concerned Court.
In the present matter, the appeals were directed against the selfsame order passed by the Madhya Pradesh High Court. The de facto complainant was the appellant in the former appeal and the latter appeal was filed by the accused persons.
A complaint was filed by the appellant, which led to an investigation initiated by a Magistrate. However, delays occurred as the investigation remained incomplete, which were challenged before the High Court. Noting the discrepancies regarding the status of the investigation. While the appellant claimed it was complete, the State's affidavit revealed ongoing efforts to conclude it.
While citing Hemant Yashwant Dhage v. State of Maharashtra (2016) 6 SCC 273, a bench of Justice C.T. Ravikumar and Justice Rajesh Bindal observed, “…to enable the police to start investigation, it was open to the Magistrate to direct the police to register an FIR and even where a Magistrate did not do so in explicit words but directed for investigation under Section 156 (3) of the Code, the police should register an FIR as Section 156 falls within Chapter XII Cr. P.C., which deals with powers of the police officers to investigate cognizable offences, the police officer concerned would always be in a better position to take further steps as contemplated in Chapter XII once an FIR is registered in respect of the concerned cognizable offence. Once an FIR is so registered, it is mandatory for the investigating agency to file a report in accordance with law Section 173 (2), Cr.P.C. before the Court concerned”.
Senior Advocate S.K.Gangele appeared for the petitioner and AOR Yashraj Singh Bundela with Senior Advocate S.K.Gangele appeared for the respondents.
In this case, the Magistrate forwarded the complaint for investigation on the same day it was filed, where the matter was scheduled for further consideration on October 20, 2022. Subsequently, on October 31, 2022, the Investigating Agency submitted an application seeking additional time, citing incomplete investigation.
Thereafter, an application was filed by the Investigating Agency seeking additional time stating that the investigation was yet to be completed. Despite objections raised by the complainant, forming an opinion on the absence of any justification in seeking additional time, the application was taken up for consideration by the Magistrate for orders. The same was challenged before the High Court which culminated in the impugned order. Pursuant to which, the Supreme Court passed an order on June 30, 2023 that no further steps shall be taken based on the impugned order.
Before the Supreme Court now, the counsel appearing for the State sought a month’s time to complete the investigation and to file report. Considering the nature of the alleged offences, the bench was of the opinion that the submissions made on behalf of the State could not be said to be unreasonable.
Accordingly, the bench while granting the time sought directed the investigation to be completed expeditiously, and the report in terms of the provisions under Section 173(2) CrPC shall be filed before the court concerned.
“Further proceedings, after filing of the report, shall be taken by the learned Magistrate, in accordance with law. The impugned order stands modified to the above extent”, the order read.
Appearance:
Petitioner: Senior Advocate S.K. Gangele, Advocates Priya Sharma, Prathvi Raj Chauhan, Arjun Sain, Shashi Kiran, AOR Triloki Nath Razdan, Prashant Shukla, Advocates Anushree Shukla, Pratibha Yadav, Akash Bhushan.
Respondent: AOR Yashraj Singh Bundela, Advocates Pawan, Jyoti Verma, Chanakya Baruah, Senior Advocate S.K. Gangele, Priya Sharma, Prathvi Raj Chauhan, Shivani Jain, AOR Shashi Kiran
Cause Title: Feran Singh v. The State Of Madhya Pradesh & Ors.
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