Police as an investigating agency investigates the case as per procedure laid down in the law. After completion of investigation, case file is sent to concerned court for judicial verdict. Police prepares final report as per section 173 of the Criminal Procedure Code and presents supplementary report as per section 173(8) Criminal Procedure Code. Police presents final report (charge sheet) in three forms as :
- Challan
- Un-trace report
- Cancellation report
Challan : Police prepares final report (charge-sheet) as challan against the accused in the case and presents report in the court for trial. The trial against the accused is held in the court in his presence and accused is convicted or acquitted or discharged (procedure discussed in earlier posts).
Un-traced report : Final report is presented as un -traced if accused does not join investigation or police is unable to arrest the accused in the case.Case file is always open for investigation. if police gets any information about the accused even after filing the final report as un-traced, police again starts investigation and after completing the formalities of the investigation, presents final report in the court for trial.
If final report is filed as un-traced, accused is declared as proclaimed offender (P.O.) and separate record is maintained for the proclaimed offender's in the police-station. Proclaimed offenders are declared as per section 82 and 83 of the Criminal Procedure Code as :
Proclamation for person absconding : If on police report or by itself, any court has reason to believe that any person is absconding or concealing himself, court may publish proclamation requiring him to appear at a specified place or time not less than 30 day of the proclamation.If such person fails to appear in such a period, court may declare him proclaimed offender after following a procedure. Proclamation is issued u/s 82 of the Criminal Procedure Code.
Attachment of property of person absconding : The court can order for the attachment of any property movable or immovable belonging to the the proclaimed offender. The movable property is attached by seizure or appointment of a receiver and immovable property is attached by taking possession or appointment of receiver. If property is live-stock or perishable nature, court can order for immediate sale. Attachment of property is done u/s 83 of the Criminal Procedure Code.
Record of evidence in absence of accused : If it is proved that accused has absconded and there is no chance of his immediate arrest, the competent court can try such person in his absence and examine witnesses in produced in behalf of the prosecution. This evidence is recorded in u/s 299 of the Criminal Procedure Code.
Cancellation report : After registration of the FIR, if the offences against the accused are not proved and allegations are found false. The investigating agency files the final report as cancellation report and recommends action u/s 182 of the Indian Penal Code against the complainant.
False information, with intent to cause public servant to use his
lawful power to the injury of another person (section 182 IPC) : Whoever gives to any
public servant, any information which he knows or believes to be false,
intending to cause, or knowing it to be likely that he will
thereby cause such public servant :
- To do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or
- To use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
