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2004 DIGILAW 677 (RAJ)

Jeevan Singh v. State of Rajasthan

2004-04-27

N.N.MATHUR

body2004
Judgment N.N. Mathur, J.-I have heard learned counsel for the petitioner and perused the impugned order dated 15-7-2000, whereby learned CJM, Udaipur has returned Final Report No. 202/99 given in FIR Case No. 307/1999, Police Station, Surajpole. 2. It appears that the SHO, Police Station, Surajpole forwarded the final report in FIR Case No. 307/1999 to the Court of learned CJM, Udaipur. However on 15-7-2000, the SHO, Police Station, Surajpole submitted an application to the effect that the final report be returned to him as the same was summoned by the Superintendent of Police, Udaipur. The learned Judge straightway granted the application and returned the final report. It is submitted by the learned counsel that once the final report has been submitted by the police, the same cannot be returned simply on the request of the Investigating Officer for perusal by the higher police authority. 3. I find substancein the contention raised by the learned counsel. It is well settled position of law that even after the conclusion of the investigation pursuant to filing of FIR and submission of report under Section 173(2), Cr. P.C., the officer in-charge of the police station comes across any further information pertaining to same incident, he can make further investigation with the leave of the Court and forward further evidence, if any collected, further report, or report under Section 178(8), Cr. P.C. I am fortified in my view by the decision reported in 2001 SCC (Cri) 1048: (2001 Cri LJ 3329). Thus, to my mind, the learned Magistrate has committed gross illegality in returning the final report to the SHO, Police Station, Surajpole on his just asking for production before the Superintendent, of Police. It is not the rule that once a police report has been forwarded, the matter cannot be turther investigated and police can ask for return of the final report. The police can make an appropriate application and seek permission for further investigation, which may include directions with regard to investigation by the higher police authorities. The final report once submitted in the Court cannot be returned on an application submitted by the S.H.O. in a cavalier manner, as has been done in the instant case. 4. Consequently, the petition is allowed. The order of the learned CJM, Udaipur dated 15-7-2000 returning the final report to the SHO, Police Station, Surajpole is quashed and set aside. The final report once submitted in the Court cannot be returned on an application submitted by the S.H.O. in a cavalier manner, as has been done in the instant case. 4. Consequently, the petition is allowed. The order of the learned CJM, Udaipur dated 15-7-2000 returning the final report to the SHO, Police Station, Surajpole is quashed and set aside. The learned Magistrate will proceed with the consideration of the final report submitted by the police. In case, an appropriate application is made by the police, the same shall be considered in accordance with law. The record be returned forthwith.