After investigation of criminal case and resultant arrival by the police at conclusion regarding guilt or innocence of an accused person lie within the domain and prerogative of the police over which no other authority has any control. What a magistrate can insist i.o should be to submit his report under section 173 crpc incorporating his final opinion. A challan is not a substitute for a report under section 173 crpc. A challan is to be submitted by the police police only when some accused is recommended to be tried. Courts should not be hampered with the technicalities of a challan or a final report of investigation under section 173 crpc. Both are one and the same thing according to the scheme of things in crpc. Generally, the final report of investigation is known or referred to as challan.
Submission of Challan
Submission of challan within stipulated period no doubt was the foremost duty of the police which if not performed due to some unavoidable circumstances during investigation, accused would not be benefited of the lapses of police for good reason. If investigation officer was found of slackness, ignorance in not submitting challan to the court in time then the should be taken to task as submission of challan under section 173 crpc. Had no relevance with bail matter.
Power of Magistrate to Agree/Disagree with Summary Police Report/Challan
Magistrate is competent to accord to or discard summary report submitted by investigation officer under section 173 crpc. While declining such report magistrate must apply prudent mind as scan entire material collected by investigation officer. Magistrate while declining opinion of investigation officer has to keep in mind lengthy trial, mental torment and financial loss of an innocent person.
Interim Challan
For interim police report under section 173 crpc. The term incomplete challan is used where investigation is not completed within a period of 14 days from the date of lodging f.i.r the incharge police station is required to forward to the magistrate through the public prosecutor and interim report within three days of the expiration of stipulated period. If the police succeed to collect other material that can be placed along with final report before the court of competent jurisdiction and on the basis of that the court can amend/alter the charge if it has already been framed.
Complete Challan
Generally final report of i.o under section 173 crpc. A challan. The court can summon an accused to face trial even if the police has not recommended it for his trial. Police officer is not competent to pass discharge order after submit report which is referred to as challan.
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