Incomplete police report bars cognizance when required documents and witness statements are not forwarded with the charge-sheet.

A Magistrate cannot validly take cognizance on a police report under Section 173(2) of the Code of Criminal Procedure, 1973 if the accompanying documents and witness statements required by Section 173(5) are not forwarded. The statutory scheme treats the report and the required materials as one complete police report for purposes of Section 190(1)(b), and the Magistrate must have the full record to apply judicial mind. On that basis, cognizance on an incomplete report is unlawful; the impugned order was set aside and the matter remitted for fresh consideration after submission of the required materials.

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Issues: Whether a Magistrate can validly take cognizance on a police report under Section 173(2) of the Code of Criminal Procedure, 1973 when the accompanying documents and witness statements required by Section 173(5) are not forwarded.

Analysis: The statutory scheme treats the report under Section 173(2) and the documents and statements mandated by Section 173(5) as parts of one complete police report for the purpose of cognizance. A Magistrate must have the full material before the Court to apply judicial mind under Section 190(1)(b). Where the report is unaccompanied by the required documents, it is incomplete in law and cognizance cannot properly be taken on that basis.

Conclusion: Cognizance on the incomplete police report was unlawful. The impugned order was set aside and the matter was remitted for fresh consideration after submission of the required materials.

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