Case Note & Summary
The case arose from a writ petition filed under Articles 226 and 227 of the Constitution by the petitioner, the complainant/informant, seeking a direction to the police to file a final report/charge sheet in UDR No.22/2023. One Santhosh died on 09.12.2023, and a complaint alleged his death was due to failure to administer proper medical treatment. An Unnatural Death Report (UDR) was registered under Section 174 of the Code of Criminal Procedure, 1973 (CrPC). The Executive Magistrate conducted an inquest and submitted an Inquest Report on 10.12.2023, but no final report was filed by the police before the jurisdictional magistrate. The petitioner approached the High Court claiming that the inquest report alone was insufficient and that the police were required to file a final report under Section 173(2) CrPC after completing investigation. The petitioner relied on the Madras High Court decision in Manohari v. District Superintendent of Police and Ors., which held that an inquest report under Section 174 CrPC is not a final report and that the police must file a final report before the jurisdictional magistrate, not before the executive magistrate. The respondent State was represented by the Additional Government Advocate. The court, in its oral order, agreed with the Madras High Court's reasoning and directed the jurisdictional police to complete the investigation in UDR No.22/2023 and file an appropriate final report before the jurisdictional magistrate on or before 06.09.2026. In the event the final report was a closure report, the police were directed to issue a Rights-Cum-Statutory (RCS) notice to the complainant/petitioner to enable filing of a protest petition. The writ petition was disposed of accordingly.
Headnote
A) Criminal Procedure - Investigation - Final Report - Code of Criminal Procedure, 1973, Sections 174, 173(2) - An inquest report under Section 174 CrPC is not a final report; upon completion of investigation, the police must file a final report under Section 173(2) before the jurisdictional magistrate. The inquest proceedings are limited to ascertaining the cause of death and do not constitute a final determination. Held, police directed to complete investigation and file final report within six weeks. (Paras 5, 6, 24) B) Criminal Procedure - Closure Report and Protest Petition - Rights of Complainant - Code of Criminal Procedure, 1973, Section 173(2) - Where the final report is a closure report, the police must issue a Rights-Cum-Statutory (RCS) notice to the complainant to enable filing of a protest petition before the jurisdictional magistrate. Held, such notice must be served. (Para 6) C) Constitutional Law - Writ of Mandamus - Scope - Constitution of India, Article 226 - High Court can issue mandamus to direct police to perform their statutory duty of filing a final report under Section 173(2) CrPC and issuing RCS notice in case of closure. (Para 6)
Issue of Consideration
Whether the police are obligated to file a final report under Section 173(2) CrPC following an inquest under Section 174 CrPC, and whether a writ of mandamus can be issued to direct the police to file such report and issue RCS notice in case of closure
Final Decision
The High Court directed the police to complete the investigation in UDR No.22/2023 and file an appropriate final report before the jurisdictional magistrate on or before 06.09.2026. In the event of a closure report, the police shall issue a Rights-Cum-Statutory (RCS) notice to the complainant/petitioner to enable filing of a protest petition. The petition was disposed of accordingly.
Law Points
- Inquest report under Section 174 CrPC is not final report
- police must file final report under Section 173(2) CrPC before jurisdictional magistrate
- closure report must be served with RCS notice to enable protest petition
