Case Note & Summary
The petitioner, mother of the deceased motorcycle rider Antonio Loreto Nascimento Da Costa, filed a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973 challenging the classification of a police report as 'A-Abated final summary' by the learned Magistrate. The case arose from a vehicular accident on 9 July 2023 near Valankani General Stores, Curtorim, Goa, involving a Yamaha motorcycle ridden by Antonio Da Costa and an Activa scooter ridden by Abel Sequeira. Both riders died from injuries sustained in the accident. The investigating officer conducted an inquiry, recorded statements including that of the pillion rider of the Activa scooter, and obtained CCTV footage, which indicated that the accident was caused by the rash and negligent riding of the Yamaha motorcycle by Antonio Da Costa. Since Antonio died, the investigating officer filed a report under Section 173 Cr.P.C. seeking 'A-Abated final summary', which the learned Magistrate accepted by order dated 30 March 2024. The petitioner contended that the classification was wrong, arguing that the report should have been closed as abated due to the death of the accused, not classified as 'A-Abated summary'. The State's Additional Public Prosecutor agreed that the request for 'A-Abated summary' was improper. The court examined the definitions of 'A', 'B', and 'C' summaries under the Bombay Police Manual, 1959, noting that 'A' summary applies to true but undetected cases. Since the case was true and detected but the accused had expired, the court held that the proper course was to close the matter as abated, not as 'A-Abated summary'. The court found a clear mistake in the prayer and its acceptance by the Magistrate, which required correction under the extraordinary powers of the High Court. Accordingly, the petition was disposed of with a direction that the report be considered as true and detected but abated due to the accused's death, and that learned Magistrates take note of these observations in future cases.
Headnote
A) Criminal Procedure - Police Report Classification - A-Abated Summary - Bombay Police Manual, 1959 - The court held that where a case is true and detected but the accused has expired, the report under Section 173 Cr.P.C. should be closed as abated, not classified as A-Abated summary, as 'A' summary is for true but undetected cases. The Magistrate's acceptance of such classification was a mistake requiring correction under Section 482 Cr.P.C. (Paras 3-13).
Issue of Consideration
Whether the investigation carried out by the police officer could be closed on the basis of grant of A-Abated summary when the accused expired during the accident
Final Decision
The petition is disposed of. The report filed by the concerned police officer before the concerned Magistrate is found to be true and detected but the matter stands abated as the accused expired. Learned Magistrates are directed to take note of the above observations in future.
Law Points
- Classification of police reports under Bombay Police Manual
- 1959
- A-Abated summary improper when case is true and detected but accused expired
- Section 482 Cr.P.C. powers to correct procedural errors
