Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2015 (1) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (1) TMI 1456 - SC - Indian LawsMurder - compliance with the statutory requirement of police report Under Sections 173(2) and 173(5) of Code of Criminal Procedure - HELD THAT:- In view the statutory provisions Under Section 173(2) and (5) read with Section 2(r) of Code of Criminal Procedure and with reference to the judgments on which both the learned senior Counsel placed reliance upon. It is an undisputed fact that the charge sheet was filed on 3.7.2013 that is 90th day. Section 2(r) of Code of Criminal Procedure defines the expression "police report" as a report forwarded by a police officer to a magistrate Under Section 173(2) of Code of Criminal Procedure. The particulars to be furnished in the police report which are extracted as above are complied with in the instant case. Therefore, filing of the police report as required Under Section 173(2) is within 90 days in the instant case. The High Court is right in rejecting the prayer of default bail Under Section 167(2) of Code of Criminal Procedure. Upon the filing of the police report, cognizance was taken by the learned ACJM on 3.7.2013 which is evident from the order passed by him which is extracted above. It is pertinent to point out that the said order remains unchallenged by the Appellant. Therefore, it is not open for him to turn around and contend that cognizance was not taken by the learned ACJM on 3.7.2013. Thus, filing of police report containing the particulars as mentioned Under Section 173(2) amounted to completion of filing of the report before the learned ACJM, cognizance is taken and registered the same. The contention of the Appellant that the police report filed in this case is not as per the legal requirement Under Section 173(2) & (5) of Code of Criminal Procedure which entitled him for default bail is rightly rejected by the High Court and does not call for any interference by this Court. Appeal dismissed.
|