SURJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these petitions are accused in three different crimes of Kunnamkulam Police Station. These petitions are filed for quashing the final report filed by the police in the Court of the Judicial Magistrate of the First Class, Kunnamkulam. The Additional Sub Inspector of Police, Kunnamkulam is the Officer who filed final report in these cases. According to the petitioners, the final report can be filed only by an officer in charge of the police station. The submission is that the Additional Sub Inspector of Police, Kunnamkulam was not the officer in charge of the police station and hence he had no authority to file final report in Court.

(2.) S.173(2) of the Criminal Procedure Code says that after completing the investigation of the crime the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government. It is on pointing out the above provision in the Criminal Procedure Code that it is maintained that an officer in charge of a police station alone can file final report after completing the investigation in a crime. S.154 of the Criminal Procedure Code says what an officer in charge of a police station has to do on getting information relating to the commission of a cognizable offence. The section says that if the information relating to the commission of a cognizable offence is given orally to an officer in charge of a police station he shall reduce it to writing. Such an information obtained can be taken down in writing by the officer in charge of the police station or by somebody else under his direction. After taking down the information it has to be read over to the informant and every such information whether given in writing or reduced to writing shall be signed by the person giving the information. A copy of the information recorded under the above section has to be given forthwith to the informant.

(3.) S.156 of the Criminal Procedure Code says that any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. It is clear from S.168 of the Criminal Procedure Code that an officer subordinate to the officer in charge of a police station can also conduct investigation of the crime. That section says that when any subordinate police officer has made any investigation, he shall report the result of such investigation to the officer in charge of the police station. The investigation of a crime starts on receiving information relating to the commission of an offence given to an officer in charge of a police station and recorded under S.154 of the Criminal Procedure Code. When information is so received if there is reason to suspect commission of an offence the police officer who is in charge of the police station or some other subordinate officer deputed by him has to proceed to the spot to investigate the facts and circumstances of the case.