Khaira, District Jamui Vs the State of Bihar

.....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. 1.02/ 10.01.2011 heard. this is a petition for anticipatory bail for offence under sections 147, 447, 341, 323, 307 and 504 of the indian penal code.2.the allegation in the fir is omnibus that all the nine accused persons assaulted, the injury report suggests that all the injury are simple and the petitioner was on police bail. however, the cognizance has been taken under section 307 of the indian penal code after submission of the charge-sheet. though the charge-sheet has been filed under section 147, 447, 341, 323, 307 and 504 of the indian penal code.3.learned counsel for the petitioner submits that all the injuries are simple in nature and superficial. hence, having regard to the fact and circumstance, the petitioner is released on bail, in the event of his arrest or surrender before the court below 4.within a period of four weeks from today, on furnishing bail bond of rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of c.j.m, jamui in connection with khaira p.s. case no. 23 of 2004, subject to the conditions mentioned in section 438 (2) of the cr.p.c.