The State of Bihar. Vs and Bakhouri Singh. and ors

.....section 173 of the cr.p.c. under which the police submits reports after investigation and after further investigation, section 190 of the cr. p.c. under which the magistrate takes cognizance of an offence upon a police report and section 482 of the cr.p.c. under which the high court exercises its powers to quash the criminal proceedings. report of police officer on completion of investigation. cognizance of offences by magistrate. sub-section (8) 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. 1. the appellant is aggrieved with the judgmentdated 07.09.1994 passed by the 3rd additional sessionsjudge, patna in s.tr. no. 56 of 1992 by which it hasacquitted the respondents no. 1 to 12 for the chargesframed under section 307/149 ipc.2. on going through the judgment of acquittal i findthat the trial court has rightly given the benefit of doubtto the appellants and, therefore, it is difficult to disagreewith the reasonings of the trial court. in the result, theappeal is dismissed.