TMI Blog2011 (5) TMI 1063X X X X Extracts X X X X X X X X Extracts X X X X ..... s and started beating the respondent No.1 and his mother and as a result the respondent No.1 and his mother suffered injuries and were admitted in the hospital. On 13.12.2004, the appellant gave a different version of the incident on 12.12.2004 to the police alleging that when he along with his father Mohan Singh reached the plot, they saw the respondent Nos. 1 and 2 along with others erecting walls on the plot and when Mohan Singh stopped the mason saying that the plot was a disputed one, respondent no.2 gave a lalkara and all others attacked Mohan Singh and the appellant caused injuries on them and as a result they have been admitted to the hospital. After investigation, the police filed two challans on 02.02.2006 before the Judicial Magistrate, First Class, Ludhiana. Under one challan, the appellant, his father Mohan Singh and Bhupinder Singh were charge-sheeted for offences under Sections 452, 323, 326, 506 read with Section 34 of the IPC and under the other challan, respondent Nos.1 and 2 and some others were charge- sheeted for offences under Sections 342, 323, 324, 148 of the IPC. On 22.03.2006, the respondent No.1 submitted an application to the Additional Director General ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en made out and the injuries, which got by Harminder Singh @ Hindri etc., a case under Sections 323, 324, 326IPC is made out. Since Dharmatama Singh, Bhupinder Singh and Mohan Singh while entering into the house of Harminder Singh @ Hindri gave injury to Harminder Singh @ Hindri and the aforesaid Harminder Singh for his self defence gave some injuries to Dharmatma Singh etc. and the same shall come under the definition of self defence and, therefore, no proceeding/case can be initiated against Harminder Singh @ Hindri party and therefore, the cross case as registered against Harminder Singh @ Hindri party is required to be cancelled. And if your goodself agree with the report, please necessary orders be issued in this regard to S.H.O. Police Station Sadar, Ludhiana. Sd/- (D. P. Singh) S. P. City-II, Ludhiana It will be clear from the aforesaid extract from the report of further investigation that Superintendent of Police, City II, Ludhiana, was of the opinion that respondent No.1 gave some injuries to the appellant and others for his self-defence and such injuries come under the definition of right of private defence and, therefore, no proceedings could be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated pursuant to the F.I.R. No. 276 dated 12.12.2004 shall not be affected. 7. Learned counsel for the appellant submitted that the power under Section 482 of the Cr.P.C. is to be exercised only in the exceptional circumstances and that the High Court should not have exercised this power and quashed the criminal proceedings against the respondents No.1 and 2 when the Magistrate was yet to exercise his judicial mind underSection 190 of the Cr.P.C. to the police reports filed under Section 173 of the Cr.P.C. He submitted that the Magistrate before whom the entire records were placed including the evidence collected during the investigation was in a better position to appreciate the facts and circumstances of the case and pass orders whether to take cognizance of the offences against the respondents No.1 and 2 registered pursuant to the DDR No.15 dated 13.12.2004 on the basis of information furnished by the appellant. Learned counsel for the respondent Nos. 1 and 2, on the other hand, relied on the report of the Superintendent of Police, City-II, Ludhiana, recommending dropping of the criminal proceedings against them and supported the impugned order passed by the High Court quashi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order- for the discharge of such bond or otherwise as he thinks fit. (5) When such report is in respect of a case to which section 170 applies, the police officer shall forward to the Magistrate alongwith the report- (a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation; (b) the statements-recorded under section 161 of all the persons whom the prosecution proposes to examine as its witnesses. (6) If the police officer is of opinion that any part of any such statement is not relevant to the subject-matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request. (7) Where the police officer investigating the case finds it convenient so to do, he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and the provisions of sub-section (2) of Section 173, Cr.P.C., shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2). Thus, the report under sub-section (2) of Section 173 after the initial investigation as well as the further report under sub-section (8) of Section 173 after further investigation constitute police report and have to be forwarded to the Magistrate empowered to take cognizance of the offence. It will also be clear from Section 190 (b) of the Cr.P.C. that it is the Magistrate, who has the power to take cognizance of any offence upon a police report of such facts which constitute an offence. Thus, when a police report is forwarded to the Magistrate either under sub-section (2) or under sub-section (8) of Section 173, Cr.P.C., it is for the Magistrate to apply his mind to the police report and take a view whether to take cognizance of an offence or not to take cognizance of offence against an accused person. 10. It follows that where the police report forwarded to the Magistrate under Section 173 (2) of the Cr.P.C. states that a person has committed an offence, but after inves ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ort has been made by the Superintendent of Police, City-II, Ludhiana, stating that respondent no.1 for his self-defence had caused injuries to the appellant and others and hence the cross-case against the respondent no.1 is required to be cancelled. This further report has to be forwarded to the learned Magistrate and as has been held by this Court in Abhinandan Jha (supra) and Mrs. Rupan Deol Bajaj (supra) it was for the learned Magistrate to apply judicial mind to the facts stated in the reports submitted under sub-sections (2) and (8) respectively of Section 173, Cr.P.C., and to form an opinion whether to take cognizance or not to take cognizance against the respondent no.1 after considering the objections, if any, of the complainant, namely, the appellant. 13. Section 482 of the Cr.P.C. saves the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under the Code or to prevent abuse of the process of any court or otherwise to secure the ends of justice. It has been held by this Court in R. P. Kapur v. State of Punjab [AIR 1960 SC 866] that Section 561-A of the Criminal Procedure Code, 1898 (which corresponds to Section 482 of ..... 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