Chetan and anr. Vs. State of Rajasthan. - Court Judgment |
| Criminal |
| Rajasthan Jaipur High Court |
| May-04-2011 |
| (S.B. Criminal Revision Petition No.187/2011) |
| R.S. CHAUHAN |
| Code of Criminal Procedure (CrPC) (Cr.P.C) - Sections 397, 401; Juvenile Justice (Care and Protection of the Children) Act - Sections 12, 53; Indian Penal Code (IPC) - Sections 452, 323, 341, 147, 376, 120B |
| Chetan and anr. |
| State of Rajasthan. |
.....of section 173 further provides that where upon further investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall also forward to the magistrate a further report regarding such evidence and the provisions of sub-section (2) of section 173, cr.p.c., shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2). thus, the report under sub-section (2) of section 173 after the initial investigation as well as the further report under sub-section (8) of section 173 after further investigation constitute "police report" and have to be forwarded to the magistrate empowered to take cognizance of the offence. r.p. kapur moved the punjab high court under section 561-a of the code of criminal procedure for quashing the proceedings initiated by the first information report.
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Summary