Mohammad Tajul Islam
Final report is that term which is very much used in criminal cases and it’s a matter of joys to the criminal’s who commits an offence but after investigations by the police officer that criminal being not known or shown in Charge Sheet as an offender and reported as an innocent to the magistrates though there are some legal provisions still remaining against such final report if the complainant being aggrieved or not satisfied with this final report submitted by the Investigation Officer which is commonly termed as Naraji Petition. Let me the subject matter of final report be discussed as per its legal arena and firstly it’s meaning intoto.
What does it mean ?
It is prepared by the investigating officer in respect of Criminal cases as per provision laid down in section 275 of the Police Regulations of Bengal -1943 as well as section 169 of the Code of Criminal Procedure -1898. When, after holding an investigation under Chapter XIII of the Cr.P.C ,it appears to the police officer making the investigation that there is no sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a competent Magistrate ,he must give a clear statement of the case in the police report together with the reasons for not sending up any person for trial . So, the investigation report of the police which is submitted u/s 275 of the P.R.B is called Final Report.
Classification of Final Report:-
However, according to the provision of the section 275 of the police Regulations of Bengal -1943 it can be of the following 5 (five) types only for statistical purpose of the Court :-
1. Final Report True (FRT);
2. Final Report False (FRF);
3. Final Report Mistake of Fact (FRMF);
4. Final Report Mistake of law (FRML);
5. Final Report Non-cog. (FRNC);
- Final Report True (FRT):- Whenever, the investigating police officer submits a report stating that the alleged occurrence happened in due mode and manner but the accused are not liable for committing such an offence ,such report may be considered as final report true (FRT). e.g. Theft having been committed at the place of occurrence but the accused are liable for the same .
2. Final Report False (FRF):- Whenever, the investigating police officer submits a report stating that the alleged occurrence isn’t happened in due mode and manner and the accused are not liable for committing such an offence, such report may be considered as final report false (FRF).e.g. Neither theft having been committed at the place of occurrence nor the accused are liable for the same.
3. Final Report Mistake of Fact (FRMF):- Whenever, the investigating police officer submits a report stating that the alleged occurrence hasn’t happened in due mode and manner or constituted any offence as well as the accused are not liable for committing such an offence, such report may be considered as final report mistake of fact (FRMF).e.g. allegation brought against the accused for abduction and rape but it is found that it was a matter of love affairs and marriage .
4.Final Report Mistake of Law(FRML):- Whenever, the investigating police officer submits a report stating that the alleged occurrence hasn’t happened in due mode and manner or constituted any offence as well as the accused are not liable for committing such an offence ,such report may be considered as final report mistake of law (FRML).e.g. allegation brought against the accused for abduction and rape under Nari-0-shishuNirjaton Ain-2000 but it is found that it was a matter of love affairs and marriage with the full consent of the matured victim which doesn’t constitute any offence under this law .
5. Final Report Non-cog (FRNC):- Whenever, the investigating police officer submits a report stating that the alleged occurrence having been happened but not in due mode and manner and the accused are liable for committing this non-cognizable offence, such report may be considered as final report false (FRF).e.g. allegation brought against the accused under section 326 but it is found that the nature of the crime constitutes an offence under section 323 of penal code.
What measures should be taken after receiving of final report?
Actually there is no specific section regarding final report in the code of criminal procedure except section 202 (2B) which provides as follows- “where the police submits the final report, the magistrate shall be competent to accept such report and discharged the accused.”
What measures should be taken by the magistrate concerned after receiving the final report has been incorporated in the section 276 of the police Regulations of Bengal -1983 which reads as follows –
“ Sec.276:Magistrarial orders on final reports: (a) On receipt of the final report, the magistrate may accept the police finding and declare the case accordingly or may, under section 156(3),code of the criminal procedure ,order further inquiry on specified points or may take cognizance under section 190 (b) of that code ,and if the persons accused have not already been arrested issue process against them under section 204 of the code and require the investigating officer to furnish the names and address of the witnesses .”
Moreover there is a plethora of legal decisions of the apex court regarding final report of the police.(1) In the case of Khorshed alam Vs. State reported in 27, D.L.R page- 111-113 Hon’ble High court observed that –
“It is open to an informant to submit a naraji petition against a final report submitted by the police before the magistrate who may treat such petition as a petition of complaint, take cognizance under section 190(1)(a) of the code and examine the petitioner under section 200 of the code . The magistrate may irrespective of whether any naraji petition has been filed or not, take cognizance under section 190(1)(b)of the code on the information contained in the police report , if in his opinion the facts stated therein constitute an offence and he may issue process u/s 204 of the code .The magistrate may also direct further investigation on specified points under the powers conferred upon him u/s 156(3) of the code”.
(2) In the case of Abul Hossain Vs. State reported in 52, D.L.R. page -22/395 the hon’ble High court Division held that –
“When a naraji petition was filed against the police report the same petition should have been treated as petition of complaint and the learned Magistrate was required to act in accordance with provisions laid down in section 200 or 202 of the code of criminal procedure .”
(3) In the case of Delwar Hossain Vs. State reported in 4 B.L.T (A.D), page -144/257 the hon’ble High court Division held that –
“We are of the opinion that there is nothing either in section 173 or in section 190 in the code of criminal procedure providing for rejection or acceptance of a police report , there is also nothing to show that such police report is binding upon a magistrate . (Para-4). After receiving the petition of complaint the learned magistrate proceeded under section 202 of the code of cr.p and himself held the judicial inquiry and in that inquiry the complainant was examined . the action of the learned magistrate has not vitiated the proceeding in any way for non-examination the complainant immediately after filing of naraji petition .”
(4) In the case of Md. Alim Vs. Noor mohd. bapari reported in 4 B.L.T(AD), page -257 the hon’ble Appellate Division held that-
“Charge-sheet submitted against 17 persons out of 22 persons named in the F.I.R. Informant filed naraji petition contending that the investigation officer being influenced by the accused person submitted final report against 06 FIR named accused persons. The learned magistrate treated this naraji petition as a petition of complaint and examined 08 witnesses and thereafter took cognizance against all the 22 FIR named accused. The present petitioner is one of those six accused against whom the investigation officer submitted final report . Cognizance was taken on the basis of the judicial inquiry and as such examination of the complainant was not necessary. ”
(5) In the case of Narayan chandra Das Vs. the State reported in 16 B.L.D (HC), page -421 the hon’ble High court Division held that-
“Magistrate has jurisdiction to discharge the accused triable exclusively by the special tribunal. Since no allegation was made against the petitioner in the FIR and no evidence could be collected against him during investigation and the police recommended for his discharged, the learned magistrate was within his competency to discharge the accused the petitioner despite the fact that the case was triable exclusively by the special Tribunal.”
How can we dispose of the naraji?
In view of the above sections of the cr.p.c and P.R.B as well as the direction of the legal decisions, the magistrate has unfettered discretions to follow the measures which have given below:-
Firstly:- On receipt of the final report and after perusal of the same the magistrate may accept the police Report under section 202 (2B) of the code of the criminal procedure as well as section 276 of the P.R.B subject to his satisfaction ,if there is no naraji or protest petition .
Secondly :- If there is any naraji or protest petition against the police report , the magistrate may scrutinize the materials on record, case diary, petition and after giving the petitioner proper opportunity of being heard and if the magistrate satisfied that the police should have been filed c/s rather than final report , then the court may has ample discretion to follow the options as given below :-
Option no. -1:- the magistrate may treat such petition as a petition of complaint, take cognizance under section 190(1)(a) of the code of criminal procedure and examine the petitioner under section 200 of the code and issue process u/s 204 of cr.p.c.( Note* – Usually this option is to be followed only when the final report has been submitted for entire F.I.R named accused or completely new accused by a new petitioner and in this circumstances it would be treated as C/R case ).
Option no. – 2:- As per section 202 the magistrate may hold judicial inquiry either himself or by other magistrate subordinate to him as he thinks fit and proper for ascertaining the truth or falsehood of the allegation of the petition. If the result is positive, he may take cognizance and issue process u/s 204 of cr.p.c.( Note* – Usually this option is to be followed only when the final report has been submitted for the entire F.I.R named accused or completely new accused by a new petitioner and in this circumstances it would be treated as C/R case ).
Option no.-3 :- The magistrate may , on perusal of the naraji petition and scrutinizing the materials on record , take cognizance under section 190(1)(b)of the code, on the information contained therein with the police report , if in his opinion the facts stated therein constitute an offence and he may issue process u/s 204 of the code .(Note* Generally, this option is to be followed when the final report has not been submitted for all the accused and the petitioner is the informant himself filing petition for the F.I.R named accused , in this circumstances the case remains as G.R case as per section 205D(2)of the cr.pc)
Option no. – 4:- The magistrate may also direct further investigation on specified points under the powers conferred upon him u/s 156(3) of the code of criminal procedure with a direction that it would be investigated by the superior officer than the earlier one. He can also refer it to the criminal investigation department (C.I.D) for holding further investigation. .(Note* Generally, this option is to be followed when the final report has not been submitted for all the accused and the petitioner is the informant himself filing petition for the F.I.R named accused , in this circumstances, the case remains as G.R case as per section 205D(2)of the Cr.P.C).
In finale, it can be supposed that the order of further investigation may be given by the magistrate before the acceptance of the police report. After acceptance of the police report (u/s 173of Cr.P.C), the magistrate has no power to direct for further investigation in to any case u/s173 (3B) of the Cr.P.C, but the investigating officer has every right to forward a further report as supplementary charge-sheet in respect of any accused against whom evidence has been collected, even after acceptance of the police report. There is no provision for canceling the charge-sheet once filed and accepted by the magistrate by submitting further police report.
The writer is a Mohammad Tajul Islam, Law Analyst, Researcher and Columnist and who is reached on E-mail: bdjdj1984du@gmail.com
