JEEVAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) I have heard learned counsel for the petitioner and perused the impugned order dated 15-7-2000, whereby learned CJM, Udaipur has returned Final Report No. 202/99 given in FIR Case No. 307/1999, Police Station, Surajpole.

(2.) It appears that the SHO, Police Station, Surajpole forwarded the final report in FIR Case No. 307/1999 to the Court of learned CJM, Udaipur. However on 15-7-2000, the SHO, Police Station, Surajpole submitted an application to the effect that the final report be returned to him as the same was summoned by the Superintendent of Police, Udaipur. The learned Judge straightway granted the application and returned the final report. It is submitted by the learned counsel that once the final report has been submitted by the police, the same cannot be returned simply on the request of the Investigating Officer for perusal by the higher police authority.

(3.) I find substance in the contention raised by the learned counsel. It is well settled position of law that even after the conclusion of the investigation pursuant to filing of FIR and submission of report under S. 173(2), Cr. P.C., the officer in-charge of the police station comes across any further information pertaining to same incident, he can make further investigation with the leave of the Court and forward further evidence, if any collected, further report or report under S. 178(8), Cr. P.C. 1 am fortified in my view by the decision reported in 2001 SCC (Cri) 1048 : (2001 Cri LJ 3329). Thus, to my mind, the learned Magistrate has committed gross illegality in returning the final report to the SHO, Police Station, Surajpole on his just asking for production before the Superintendent of Police. It is not the rule that, once a police report has been forwarded, the matter cannot: be further investigated and police can ask for return of the final report. The police can make an appropriate application and seek permission for further investigation, which may include directions with regard to investigation by the higher police authorities. The final report once submitted in the Court cannot be returned on an application submitted by the S.H.O. in a cavalier manner, as has been done in the instant case.