TaxTMI 
TaxTMI 
2022 (2) TMI 1305
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....used. On 26 September 2016, the Sub-Inspector of police at Alappuzha North police station submitted a report under Section 173(2) of the Code of Criminal Procedure 1973 implicating the appellants in the commission of the alleged offences. The case came to be numbered as CC No 2177 of 2016 before the JFCM Court - I, Alappuzha. 4 The first appellant moved the Superintendent of Police and the IGP complaining of the registration of a false case and sought a further investigation in the matter. On 21 February 2017, the Dy SP (Administration) Alappuzha submitted a report recording that there were serious flaws in the earlier investigation. On 6 December 2017, the Dy SP Crime Branch submitted a supplementary report before the court of the JFCM Court - I, Alappuzha recommending that the proceedings against the appellants be dropped on the ground that no offence had been established during the course of the further investigation. 5 The first respondent filed a protest petition. By an order dated 19 May 2018, the Magistrate dismissed the protest petition for want of prosecution. On 30 May 2018, the Magistrate accepted the final report observing that the protest petition lodged by the com....
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....udgment of the High Court which has been cited in the order of the Sessions Judge only the report under Section 173(2) would be considered while the supplementary report would be taken into account at the stage of the trial. 2 Issue notice, returnable on 18 February 2022. 3 Counter affidavit, if any, be filed within a period of four weeks from the date of service. 4 Pending further orders, there shall be a stay of further proceedings in CC 2177/2016 pending before the Judicial First Class Magistrate Court-I, Alappuzha." 8 In pursuance of the order issuing notice, the respondents have appeared in these proceedings. Accordingly, we have heard Mr R Basant, learned senior counsel appearing on behalf of the appellants with Mr Raghenth Basant and Dr S Gopakumaran Nair, learned senior counsel for the first respondent with Mr T G Narayanan Nair. 9 The initial report under Section 173(2) CrPC which was submitted before the competent court after investigation found that prima facie the appellants were involved in the commission of the offences alleged. The subsequent report under Section 173(8) however has come to the conclusion that the proceedings were liable to be dropped sin....
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....ly cease upon process being issued, and an accused appearing before the Magistrate, while concomitantly, the power of the police to further investigate the offence continues right till the stage the trial commences. Such a view would not accord with the earlier judgments of this Court, in particular,Sakiri [Sakiri Vasu v. State of U.P. , (2008) 2 SCC 409 : (2008) 1 SCC (Cri) 440], Samaj Parivartan Samudaya [Samaj Parivartan Samudaya v. State of Karnataka, (2012) 7 SCC 407 : (2012) 3 SCC (Cri) 365], Vinay Tyagi [Vinay Tyagi v. Irshad Ali, (2013) 5 SCC 762 : (2013) 4 SCC (Cri) 557], and Hardeep Singh [Hardeep Singh v. State of Punjab, (2014) 3 SCC 92 : (2014) 2 SCC (Cri) 86]; Hardeep Singh [Hardeep Singh v. State of Punjab, (2014) 3 SCC 92 : (2014) 2 SCC (Cri) 86] having clearly held that a criminal trial does not begin after cognizance is taken, but only after charges are framed. What is not given any importance at all in the recent judgments of this Court is Article 21 of the Constitution and the fact that the Article demands no less than a fair and just investigation. To say that a fair and just investigation would lead to the conclusion that the police retain the power, subject, ....
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....der dated 19 May 2018 dismissed the protest petition submitted by the first respondent for non-prosecution. On 30 May 2018, the JFCM proceeded to accept the supplementary report in terms of the following order: "It is seen from the records that after further investigation, police has referred the charge against the accused. Notice was issued to Defacto Complainant and he filed C.M.P. 155/2018 against the refer charge. The same was dismissed on 19.05.2018 due to non prosecution. Hence, final report referring the charge as false is hereby accepted. Hence, the further proceedings are dropped. Hence, the further proceedings in the case dropped." 15 The Sessions Judge was justified in setting aside the order of the Magistrate for the simple reason that after the supplementary report submitted by the investigating officer, the Magistrate was duty bound in terms of the dictum in paragraph 42 of the decision in Vinay Tyagi (supra), as well as the subsequent three-Judge Bench decision in Vinubhai Haribhai Malaviya (supra) to consider both the original report and the supplementary report before determining the steps that have to be taken further in accordance with law. The Magistrate....