Source: Supreme Court

Why in News?

In the case of Zunaid v. State of UP, the Supreme Court has observed that on the receipt of final report, Magistrate has discretion to treat protest petition as a complaint case.

Background

• The appellant (Zunaid) in the present case had lodged a First Information Report (FIR) alleging that the accused respondents armed with sharp-edged weapons had attacked him and his family and also abused them due to an old enmity.
  • FIR was registered for the offences under Sections 147, 148, 149, 307, 323, 324, 504 of the Indian Penal Code, 1860 (IPC).
• Final Police Report was submitted by the Investigating Officer (IO), after completing the investigation.
• Being aggrieved by the Final Report, the appellant filed a Protest Petition before the concerned Chief Judicial Magistrate (CJM).
• The concerned CJM rejected the Final Report of the IO and directed that the Protest Petition be registered as the Complaint Case.
• The CJM, taking recourse of Sections 200 and 202 Code of Criminal Procedure, 1973 (CrPC) and after recording the statements of the complainant and other witnesses, issued summons to the accused respondents.
• Being aggrieved by the said order, the respondents-accused preferred an application under Section 482 CrPC before the High Court (HC) which was allowed by the Allahabad HC.
• Hence the present appeal by appellant (Zunaid) in SC arises out of the orders passed by the HC.

Court’s Observations

• The bench comprising of Justices Bela M Trivedi and Dipankar Datta of SC made note of the case Rakesh & Another Vs. State of Uttar Pradesh & Another (2014) in which it was held -
  • There remains no shadow of doubt that on the receipt of the police report under Section 173 CrPC, the Magistrate can exercise three options:
    • Firstly, he may decide that there is no sufficient ground for proceeding further and drop action.
    • Secondly, he may take cognizance of the offence under Section 190(1)(b) CrPC based on the police report and issue process; and
    • Thirdly, he may take cognizance of the offence under Section 190(1)(a) CrPC on the basis of the original complaint and proceed to examine upon oath the complainant and his witnesses under Section 200.
• SC therefore while allowing appeal against the HC order, observed that the CJM was just, legal and proper in rejecting the Final Report of the IO and taking recourse of Sections 200 and 202 CrPC under the facts and circumstances of the case.

Police Report

• A police report is an official record made to report on the findings of the investigation carried out under CrPC for the commencement of proceedings before Magistrates.
• It is defined under Section 2(r) of CrPC as a report forwarded by a police officer to a Magistrate under sub-section (2) of section 173 CrPC.

Section 173 - Report of police officer on completion of investigation.

(2) (i) As soon as it is completed, the officer in charge of the police station shall forward it 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—

(a) the names of the parties;

(b) the nature of the information;

(c) the names of the persons who appear to be acquainted with the circumstances of the case;

(d) whether any offence appears to have been committed and, if so, by whom;

(e) whether the accused has been arrested;

(f) whether he has been released on his bond and, if so, whether with or without sureties;

(g) whether he has been forwarded into custody under section 170.

(h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or section 376E of the Indian Penal Code (45 of 1860)].

(ii) 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.

Protest Petition

• CrPC does not provide a specific definition for a Protest Petition but is a significant part of criminal law.
• When the Police investigates a case, after its completion, the Police Report is submitted to the Magistrate under Section 173(2) of the CrPC.
• The aggrieved or the complainant, if not satisfied with the police report, may file a protest petition before the Magistrate concerned stating his/her dissatisfaction and may pray for further investigation. At the same time the aggrieved person may also pray for further proceedings under Section 200 and 202 of CrPC.
  • Section 202 of the Code of Criminal Procedure, 1973 focuses on the postponing of the issue of process (against the accused) on the part of the Magistrate.
• If the protest petition is accepted, then the Magistrate takes cognizance of the matter under Section 190 of CrPC, and issues notice to the accused person.

Indian Penal Code, 1860

The FIR pertained to Sections 147, 148, 149, 307, 323, 324, 504 which are as follows:

• Section 147 - Punishment for rioting —Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
• Section 148 - Rioting, armed with deadly weapon—Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
• Section 149 - Every member of unlawful assembly guilty of offence committed in prosecution of common object —If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.
• Section 307 - Attempt to murder.— Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to 2 imprisonment for life, or to such punishment as is hereinbefore mentioned.
  • Attempts by life-convicts — When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.
• Section 323 - Punishment for voluntarily causing hurt —Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
• Section 324 - Voluntarily causing hurt by dangerous weapons or means —Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
• Section 504 - Intentional insult with intent to provoke breach of the peace —Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.