CHANDRASHEKHAR Vs. STATE

JUDGEMENT

(1.) THE question that has been referred to us for decision is :- "Whether an information contained in the first information report and medical report is information, received from a police officer within the meaning of Section 190 (c) of the Code of Criminal Procedure ?" Section 190 (1) CrPC runs as follows

(2.) IT appears that a final report was submitted by the Investigating Officer against the applicants under Sections 325, 323 and 506 IPC along with the first information report and the medical report in the Court of the Additional Munsif Magistrate V, Allahabad.

(3.) IF the police report is in respect of a case in which it appears to the officer in charge of a police Station that an offence has not been committed by an accused then he is not required to send the first information report or the medical report or the other documents mentioned in Section 173 (5) CrPC to the Magistrate along with the police report. Normally, therefore the question of his taking cognizance of an offence under Section 190 (1) (c) CrPC on the basis of the information contained in the first information report or the medical report does not arise.