TMI Blog1977 (3) TMI 183X X X X Extracts X X X X X X X X Extracts X X X X ..... s, are also accused in the said case. During the investigation, they were arrested on 14-9-1976. The police filed an 'incomplete challan' in the Court of the Magistrate against seven accused, including the three petitioners. (3) These applications are for the grant of bail to the petitioners on the ground that no police report, as contemplated by sub-section (2) of section 173 of the Code of Criminal Procedure, 1973, has so far been filed by the Officer in charge of the Police Station. What has been forwarded to the Magistrate is, at the most, an incomplete report. It is contended that failure to complete the investigation within sixty days, as required by sub-section (2) of section 167 of the new Code and consequently non-submissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... specie of police report which is intended by the above provision of the Code. (7) The learned counsel for the petitioners has submitted that the definition of 'police report', as given in the Code, cannot be enlarged under the guise of interpretation as is being endeavored on behalf of the prosecution. It is contended that when the meaning of the statutory provision is plain and clear, the Court should not be impelled by factors like logic, equity, justice and good conscience. Nor it should do so in the garb of avoiding hardship, practical difficulties or inconvenience, which might be encountered in the event of failure to complete the investigation in serious cases within sixty days. To fortify these submissions, the learned couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there may be very hard cases where completion of investigation may be impossible due to the magnitude of the task of collecting the evidence, but any of these difficulties cannot enlarge the period of detention. Investigation has to be completed within this period and the 'police report' has to be forwarded to the Magistrate for taking cognizance, otherwise the accused has to be released on bail. (11) Unlike section 344 of the Code of Criminal Procedure, 1898, the corresponding provision contained in section 309 of the new Code cannot be invoked as the latter provision has undergone a drastic change with the omission of the expression 'reasonable cause' occurring in sub-section (1A) of section 344. (12) The learned counsel f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otion. (14) The next question which naturally emerges is : whether the Magistrate can take cognizance on the 'incomplete challan' forwarded by the police. The answer obviously is in the negative, because the investigation is yet incomplete and secondly the 'police report' still remains to be filed. Thus the filing of the 'incomplete challan' cannot circumvent the provisions of sub-section (2) of section 173. An incomplete report or incomplete challan, with whatever expression it may be called, does not meet the obligatory requirements of law. (15) It may also be observed here that the inclusion of the beneficial provision in proviso (a) of sub-section (2) of section 167 of the New Code was to cure a mischief of indef ..... X X X X Extracts X X X X X X X X Extracts X X X X
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