Incomplete challan and delayed investigation cannot replace a proper police report; statutory bail follows when no valid report is filed.

An incomplete challan filed before completion of investigation does not satisfy the requirement of a police report under section 173(2) of the Code of Criminal Procedure because a police report arises only after investigation is completed. Since cognizance under section 190(1)(d) depends on a proper police report, section 173(8) cannot be used to validate a still-ongoing investigation or cure an incomplete filing. The proviso to section 167(2) is described as a safeguard against prolonged detention without completed investigation; if no proper report is filed within the statutory period, the accused becomes entitled to bail.

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Issues: Whether an incomplete challan filed before completion of investigation satisfies the requirement of a police report under section 173(2) of the Code of Criminal Procedure, 1973, and whether failure to complete investigation and file such report within sixty days entitles the accused to bail under section 167(2).

Analysis: Section 173(2) contemplates a police report only after investigation is completed, and section 2(r) defines a police report as one forwarded under section 173(2). An incomplete challan, which itself shows that investigation is still continuing, cannot be treated as a police report. Since cognizance under section 190(1)(d) can be taken only on a police report of the facts stated therein, section 173(8) cannot be used to validate an incomplete report or to override the mandatory requirement of section 173(2). The beneficial proviso to section 167(2) was intended to prevent prolonged detention without completed investigation, and the inability of the police to complete investigation within the stipulated period does not enlarge the permissible detention.

Conclusion: An incomplete challan does not satisfy section 173(2), and where investigation is not completed within sixty days and no proper police report is filed, the accused becomes entitled to bail under section 167(2). The applications were accordingly allowed.

Ratio Decidendi: A report can qualify as a police report only after completion of investigation under section 173(2), and failure to file such a report within the statutory period triggers the accused's right to bail under section 167(2).

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