BHASKAR DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioner has raised an issue of the State Police authorities not following the mandate of Sec. 173 (2) (ii) of Cr.P.C. in large number of cases. The petitioner has raised an issue in public interest exhibiting no personal interest in the same.

(2.) Sec. 173 of Cr.P.C., pertains to report of police officer on completion of investigation. Sub-Sec. (1) of Sec. 173 provides that every investigation under the Chapter XII shall be completed without unnecessary delay. Clause (i) of sub-Sec. (2) of Sec. 173 provides that as soon as it is completed, 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 stating various details as provided in sub-clauses (a) to (h) of the said clause. Clause (ii) of sub-Sec. (2) further provides that the officer shall also communicate, in such manner as may be prescribed by the State Government, the action taken by him to the person, if any, by whom the information relating to the commission of the offence was first given.

(3.) In plain terms thus as per Sec. 173 (2) (ii) upon completion of investigation, the officer concerned would communicate the action taken by him to the first informant. The grievance of the petitioner is that this requirement is breached in numerous cases in the State. He has cited several instances where despite completion of investigation the first informant was completely in dark about the developments.