R RATHINASABAPATHY Vs. STATE

JUDGEMENT

(1.) As revision petition has been fled by the petitioner against the order of the learned Judicial Magistrate, Periyakulam passed in Crime No. 571 of 1999 of Theni Police Station.

(2.) The brief facts of the pase are as follows : The petitioner is the de facto complainant and he lodged a complaint against the S. I. of Police of Theni Police Station which was registered as Crime No. 571 /1999 for the offences under Sections 341, 323 and 324, IPC. After investigation a final report under Section 173, Cr. P. C. was filed on 2-8-1999 before the Court and a final order dated 26-8-1999 was also recorded by the learned Magistrate. The complainant /petitioner filed an application for the statement of final report filed under Section 173, Cr.P.C. dated 2-8-1999 and the final order dated 26-8-1999. Learned Magistrate by order dated 11-3-2003 rejected the said application on the ground that part of the record shall not be given under Section 173(4) Cr. P. C.

(3.) The accused in the complaint given by the petitioner which was referred, is the S. I. of Police. Under Section 173(2){ii), on completion of investigation, the officer who forwards a report to the Magistrate shall also communicate the action taken by him to the person by whom the information relating to the commission of the offence was first given. In the case on hand, the petitioner is the person who first gave the information regarding the commission of the offence. The very purpose of such communication, which is mandatory, to be given to the complaint is that if he is not satisfied with the police report he can agitate against the same in the proper forum. Law is settled that in such report is concerned, the Magistrate must give notice to the informant and provide him an opportunity to be heard at the time of consideration of the report. The informant or complainant may not be able to make an effective representation if the copy of the report with the other documents filed by the police is not given to him. In the decision reported in Bhagwant Singh v. Commr. of Police, AIR 1985 SC 1285 : (1985 Cri LJ 1521), the Supreme Court has held as follows (Para 4):