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Issues: Whether a Magistrate can take cognizance on the basis of a charge-sheet filed before completion of investigation under Section 173 of the Code of Criminal Procedure, 1973.
Analysis: Section 173(2) requires the police report to be forwarded only after investigation is completed, while Section 173(8) permits further investigation only after a report under Section 173(2) has already been filed. The investigation file itself showed that material evidence was still to be collected and that the charge-sheet was being filed before completion of the remaining inquiries. A report filed in such a state cannot be treated as a complete police report for the purpose of taking cognizance. The Magistrate is entitled to consider the sufficiency of the material placed before him, but that does not cure a report which is admittedly incomplete on the face of the record.
Conclusion: Cognizance on the basis of the incomplete charge-sheet was invalid and the order taking cognizance was quashed; the petitioner succeeded to that extent.
Ratio Decidendi: A police report under Section 173(2) of the Code of Criminal Procedure, 1973 must follow completion of investigation, and cognizance cannot be founded on an admitted incomplete charge-sheet; further investigation under Section 173(8) is permissible only after such a complete report has been forwarded.
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