N.GURUCHARANAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS Criminal Petition has been preferred by the petitioner- sole accused under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C) to quash proceedings in Crime No.100 of 2008 on the file of the Court of XII Metropolitan Magistrate, Nampally, Hyderabad registered for offence punishable under Sections 406, 409, 417, 418, 419, 420, 465, 467, 468, 477-A of the Indian Penal Code, 1860 (IPC).

(2.) WHEREAS the petitioner herein is the sole accused, the second respondent herein is the defacto complainant in the Criminal Case. For convenience, I refer the parties as arrayed in the Criminal Case. The defacto complainant filed complaint dated 04.4.2008 before the learned Chief Metropolitan Magistrate at Hyderabad which was referred to under Section 156(3) Cr.P.C for conducting investigation following which the CCS PS, Hyderabad registered the Crime.

(3.) CHAPTER XII Cr.P.C. deals with the questions relating to registration of criminal cases on receiving necessary information and powers of the Police to investigate the cases consequently. At the outset Section 154 Cr.P.C. actually deals with the question of registration of criminal cases. Sub-section (1) thereunder mandates that every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, Sub-section (2) thereunder deals with giving a copy of the information as recorded to the defacto complainant, and Sub-section (3) thereunder deals with the question of omission to comply with what is mandated in Sub-section (1). Under Section 156 Cr.P.C. prescribed the power of a police officer to investigate a cognizable case. Sub-section (1) thereof enjoins "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". Sub-section (2) enjoins "No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate". Sub-section (3) enjoins "Any Magistrate empowered under section 190 may order such an investigation as above-mentioned". Section 157 Cr.P.C deals with the procedure to be followed while conducting investigation. Section 158 Cr.P.C deals with the procedure to report to the jurisdictional Magistrate. Under Section 161 Cr.P.C the police officer got authority to examine and record statements of witnesses with reference to relevant charges. Section 162 Cr.P.C deals with how far the statements recorded under Section 161 Cr.P.C can be made use of by the defence with reference to any particular charge or charges. By virtue of Sections 165 and 166 Cr.P.C the police officer got authority to conduct necessary searches taking necessary measures for the purpose of collecting necessary material which is relevant in the corresponding criminal case. Sections 166A and 166B deal with the power of police officer for conducting necessary investigation in the case outside India. Section 167 Cr.P.C deals with taking necessary steps with regards to the detention of accused when the investigation cannot be completed within prescribed period. Under Section 170 Cr.P.C if, upon the investigation under the Chapter, it appears to the officer in charge of police station that there is sufficient evidence or reasonable ground as aforesaid, he shall forward the accused under his custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial and so on. Under Section 172 Cr.P.C every police officer who makes investigation under this Chapter shall day by day enter his proceedings in a diary, setting forth with regards to conducting the investigation. Section 173 Cr.P.C deals with filing the consequential final report in detail.