SUNIL KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) K. N. Sinha, J. Heard learned Counsel for the revisionist and learned A. G. A.

(2.) THE brief facts, giving rise to this revision, are that respondent No. 2 Smt. Priti filed an application under Section 156 (3) Cr. P. C. for registration and investigation of the case. THE Magistrate after going through the application found that the application discloses a cognizable offence and he accordingly directed the concerned police of Police Station, Jaswant Nagar, Etawa to register the case, investigate and submit a report under Section 173 Cr. P. C. This revision has been filed against the said order, only on the point that the Magistrate has directed to submit a report under Section 173 Cr. P. C. which will mean that the Magistrate directed the police, Police Station, Jaswant Nagar to submit a charge-sheet. THE learned Counsel for the revisionist has submitted that only charge-sheet can be submitted under Section 173 Cr. P. C. THE relevant provision of Section 173 Cr. P. C. shows that as soon as the investigation is completed, the officer incharge of the police station shall forward the same to a Magistrate empowered to take cognizance of the offence on a police report. It necessarily does not mean the submission of the charge-sheet. THE charge-sheet shall be submitted only if the case is made out against the accused. If no case is made out, the police has to proceed under Section 169 Cr. P. C. and submit a final report. In both the circumstances, the police has to submit a final report under Section 173 Cr. P. C. It may either be in the form of charge-sheet or in the shape of final report. Thus this apprehension, on the part of revisionist, that the order of the Magistrate directing the police to submit a report under Section 173 Cr. P. C. would mean the direction to submit a charge-sheet, is without basis. THE impugned order does not necessarily directs the I. O. to submit a charge-sheet. THE I. O. shall, therefore, be free to submit a charge-sheet or a final report after completion of the investigation.