Section 173 of criminal procedure code. What is a challan? 2022-11-20

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Section 173 of the Criminal Procedure Code (CrPC) is a crucial provision that deals with the investigation process in criminal cases in India. It outlines the duties and powers of the police during the investigation of a crime, and also provides a framework for the submission of the police report to the court.

Under Section 173, the police are required to investigate any cognizable offense that is brought to their notice, either through a complaint or on their own initiative. A cognizable offense is one for which the police have the power to make an arrest without a warrant and to begin an investigation without the permission of a court. The investigation process may involve the collection of evidence, the questioning of suspects and witnesses, and the recovery of stolen property.

During the investigation, the police have the power to arrest a suspect, search and seize property, and summon witnesses to appear before them. They are also required to record all statements made by witnesses, suspects, and other persons during the course of the investigation.

Once the investigation is complete, the police are required to submit a report to the court. This report, known as the charge sheet, outlines the evidence collected during the investigation and contains the names of the accused, the witnesses, and the nature of the offense. The charge sheet serves as the basis for the prosecution of the accused in court.

In cases where the police are unable to complete the investigation within a period of 90 days, they may seek an extension of time from the court. However, this extension can only be granted in exceptional circumstances and must be justified by the police.

In summary, Section 173 of the CrPC plays a vital role in the criminal justice system in India. It outlines the duties and powers of the police during the investigation process and provides a framework for the submission of the police report to the court. It is an important provision that helps ensure that criminal cases are properly and fairly investigated, and that justice is served.

Section 173 of Code of Criminal Procedure, 1973 (Cr.P.C.)

section 173 of criminal procedure code

The Supreme Court in State of Andhra Pradesh v. But the right is lost once charge sheet has been filed by the Investigation Officer. Sub-section 8 of Section 173 of CRPC important section Under sub-section 8 of Section 173 of the CrPC authorizes the investigation that the final report has been filed, even after that the investigation proceedings can continue if necessary. In the appeal against the said decision of the High Court, the Supreme Court has determined that to say that the FIR filed by the mother-in-law was false on the submission of the final report by the police, to institute proceedings against it which was rejected by the High Court, the police could not take action by registering a second FIR against the mother-in-law would not be justified. The Supreme Court reiterated that a Magistrate is not obliged to hear the accused before any direction for further investigation is made under Section 173 8 of the Code of Criminal Procedure, 1973. C to suggest that the Court is obliged to hear the accused before any such direction is made.

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INDIAN KANOON SECTION 173 CrPC

section 173 of criminal procedure code

Held, this was not in accordance with law being not permissible. Relevant portion is as follows: A report under Section 173 is normally the end of the investigation. The provisions of Section 173 8 of the Code make it abundantly clear that the Court may require the investigating machinery to produce further evidence if it comes to the light of the Court that the investigation appears to be incomplete. Read Judgement Here: Post navigation. CBI observed that a charge sheet is a final report within the meaning of Section 173 2 , Cr. The Court further made it clear that the statutory right of the accused to be released on bail remains available to him till investigation remains pending.


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What is a challan?

section 173 of criminal procedure code

In Narendra Kumar Agarwal v. Object and reason for incorporating Section 173 8 Criminal Procedure Code, 1973 is reflected in 41st Report of the Law Commission. In the instant case, there was death of a patient in hospital run by the accused. These documents were also included in these documents. Case Study- In Kari Choudhary vs Smt. Therefore, merely because the additional statements which are recorded subsequent to the filing of the charge-sheet were allowed by the Additional Sessions Judge and that too before framing of the charges cannot be said to be arbitrary or improper exercise of jurisdiction by the learned A.


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Section 173 Code of Criminal Procedure, 1973

section 173 of criminal procedure code

Report of police officer on completion of investigation 1 Every investigation under this Chapter shall be completed without unnecessary delay. Therefore, the petitioners could not be added as additional accused on the basis of supplementary charge-sheet submitted by the police under Section 173. The statement of mother was recorded in course of investigation but she died during the trial of the case. Casting of any such obligation on the court would only result in encumbering the court with the burden of searching for all the potential accused to be afforded with the opportunity of being heard. There is nothing in Section 173 8 Cr, P.

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CrPC Section 173

section 173 of criminal procedure code

Answering in the affirmative the Court held that where the Trial Court on earlier occasion in application under Section 319, Cr. The Kerala High Court in Sathy M. It may be reiterated that the final report i. The power of the investigating officer to make a prayer for making further investigation in terms of sub-section 8 of Section 173 is not taken away only because a charge-sheet under sub-section 2 thereof has been filed. Section 173 in The Code of Criminal Procedure, 1973 reads as under: 173.

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Section 173 (8) Cr. P. C; Courts Not Obliged To Hear Accused While Considering Plea For Further Inve

section 173 of criminal procedure code

The police send three types of reports in the stages of investigation. In this context, the Supreme Court in Ramlal Narang v. On the basis of that report of the police, the court has taken cognizance of the crime. This right to bail does not get revived only because further investigation is pending in terms of sub-section 8 of Section 173, Cr. The whole of it is to be submitted as a final report to the Court.

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Criminal Code

section 173 of criminal procedure code

Declaration about Consultation with a Lawyer:- To comply with regulations stipulated by the Bar Council of India that does not permit solicitation in any form or manner, by accessing this site www. However, before making further investigation, the police should seek formal permission from the Court mentioning the fresh facts which have necessitated such investigation. It is a description of all the investigations carried out by the police which are presented before the magistrate. ADVERTISEMENTS: Charge sheet must state the offence or offences committed and who committed them. If the Magistrate agrees with the final report, he may accept it and close the proceedings. So also the Magistrate cannot order further investigation after taking cognizance of the offence on police report and appearance of the accused in pursuance of the process issued against him. The judgement came out in a case titled as Satishkumar Nyalchand Shah vs.

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Section 173 Code of Criminal Procedure 1973 (crpc)

section 173 of criminal procedure code

Further investigation, therefore, is the continuation of the earlier investigation and not a fresh investigation or reinvestigation to be started ab initio wiping out the earlier investigation altogether. Therefore, while disposing of the aforesaid Criminal Appeal, the Court observed that if the respondent has any objection against dropping of one another accused, he may file objection and can file a protest petition in the Trial Court. In a way, it is also called the final report. All information related to the charge Section 173 sub-section 2 of CRPC is an important sub-section of this section. The Allahabad High Court held that since allegations of corruption were against police officer, Government was fully justified in entrusting further investigation and the petitioner accused had no locus standi to raise objection.

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Section 173 CrPC

section 173 of criminal procedure code

It is settled that powers exercisable under Section 173 8 Cr. It is filed so as to enable the court concerned to apply its mind as to whether cognizance of the offence thereupon should be taken or not. Sampat Lai has categorically ruled that the judiciary can get a case investigated by special agencies such as CBI. The accused challenged the validity of the order of the trial Court under Section 173 8 but the High Court refused to interfere in exercise of its revisional powers and held the order legal in view of the circumstances of the case. Delhi Administration, has held that the right of police to investigate further is not exhausted by submission of the final report under Section 173 2 CrPC.

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