STATE OF UTTARAKHAND Vs. UMESH KUMAR SHARMA

JUDGEMENT

(1.) When the matters were heard earlier, it was brought to our notice that, during the pendency of the present proceedings, the I.O. has filed a closure report. We are literally surprised and shocked that when the criminal proceedings/FIRs were quashed by the High Court, which has been challenged by the State thereafter, how there can be a closure report by the I.O. Therefore, this Court passed the following order on 28/3/2023.

(2.) It is reported that the concerned I.O. is present in the Court. An affidavit of the I.O. in compliance of the order dtd. 28/3/2023 has been filed. In the affidavit, it is stated that, though not required and not permissible, however as the proceedings were pending since last more than 2 years and in fact the proceedings were quashed by the High Court, the I.O. prepared the closure report and kept the same in the Police Station and was never forwarded to the learned Magistrate. It is submitted that the closure report, as such, was not on merits at all giving clean chit to the accused. It is submitted that as the proceedings were quashed by the High Court to complete the record and as per the practice prevailing in the State, the closure report was prepared and kept on the file in the P.S. without forwarding the same to the learned Magistrate.

(3.) Shri Balbir Singh, learned ASG, appearing on behalf of the State has submitted that apart from the fact that the ground on which the closure report was prepared and kept in the P.S., once the order of quashing the criminal proceedings was challenged by the State, the I.O. ought not to have even prepared the closure report. He has fairly conceded that once the criminal proceedings/FIRs are quashed, there cannot be any further closure report and and/or filing the closure report even in a case where the criminal proceedings/FIRs are quashed. The same is unknown to the procedure to be followed under the Cr.P.C. It is submitted that it was a bona fide/inadvertent error on the part of the I.O. even preparing the closure report and keeping it on the record of the file in the P.S. He has fairly conceded that such a closure report even prepared and kept on the file of the record cannot be said to be a valid closure report in the eye of law and it is to be ignored for all purposes. It is reported that even in the State such practice is being followed. Recording the statement of Shri Balbir Singh, learned ASG, appearing for the State that the closure report by the I.O. prepared and kept on record of the file is to be ignored for all purposes and cannot be said to be a closure report in accordance with Sec. 173 of the Cr.P.C. and cannot be said to be a valid report in the eye of law and is to be ignored for all purposes, we observe accordingly and further observe that the matters are required to be heard in accordance with law ignoring the closure report prepared by the I.O. and kept on the record of the P.S. We also further observe that if such a practice is being followed by the State, the same should be stopped immediately. We observe that in case of quashing of the criminal proceedings/FIRs by the High Court, there is no question of preparing/filing a closure report under Sec. 173 Cr.P.C.