Charge-Sheet and Closure Report
Charge-Sheet and Closure Report
Charge- sheet:-
Meaning
Under sec 173 of CrPC, the police officer is under obligation to file a final report after
making the necessary investigation, this is known as charge-sheet. This report
contains materials regarding investigation, evidences collected and submitted etc.
This report is then submitted to a competent magistrate who will take cognizance of
the case based upon the report submitted by the officer in charge. The charge-sheet
also acts as a report which informs the magistrate whether the allegations made
against the accused are fair or malicious, and this observation is based upon the
evidence found during investigation.
In the case of RP kapoor vs. State of Punjab, the court held that the chargesheet
should be submitted to the magistrate as soon as the investigation is completed
without any unnecessary delays. In cases where the investigating officer finds that
there is no proof regarding the commission of the offence, or if the the offence in
question is based upon false facts then he need not file any report.
On filing of the charge-sheet the accused may be released on bond under sec 173(4).
All the relevant documents along with the witness testimony must be sent to the
magistrate
In the case Bhagwant singh vs Commissioner of Police and Anr. the supreme
court held that in cases where the magistrate does not find sufficient evidences in
support of the allegations made, he can drop the case but it is on the discretion of
the court if they want to give the informant the opportunity to be heard at the time of
filing of the report.
Procedure of filing a charge-sheet:-
Closure report:-
Meaning:
Section 169 of Crpc states that closure report is a report which is submitted by the
investigating authority or the officer in charge to the magistrate stating that no
sufficient evidence has been found in favour of the claims of the informant or there
are no sufficient grounds to carry forward the accused in front of the magistrate and
then the concerned authority can release the accused from custody on bond, with or
without surety.