THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law
relating to the Criminal Procedure
173. Report of police-officer. (1) Every investigation
under this Chapter shall be completed without unnecessary delay, and as soon as
it is completed, the officer incharge of the police station shall, [1][through
the Public Prosecutor].
(a) forward
to a Magistrate empowered to take cognizance of the offence on a police-report
a report, in the form prescribed by the Provincial Government, setting forth
the names of the parties, the nature of the information and the names of the
persons who appear to be acquainted with the circumstances of the case, and stating
whether the accused (if arrested) has been forwarded in custody or has been
released on his bond, and, if so, whether with or without sureties, and
(b) communicate,
in such manner as may be prescribed by the Provincial Government, the action
taken by him to the person, if any, by whom the information relating to the
commission of the offence was first given:
[2][Provided
that, where investigation is not completed within a period of fourteen days
from the date of recording of the first information report under Section 154,
the officer incharge of the police station shall, within three days of the
expiration of such period, forward to the Magistrate through the Public
Prosecutor, an interim report in the form prescribed by the Provincial
Government stating therein the result of the investigation made until then and
the Court shall commence the trial on the basis of such interim report, unless,
for reasons to be recorded, the Court decides that the trial should not so
commence.]
(2) Where
a superior officer of police has been appointed under Section 158, the report
shall, in any cases in which the Provincial Government by general or special
order so directs, be submitted through that officer, and he may, pending the
orders of the Magistrate, direct the officer incharge of the police station to
make further investigation.
(3) Whenever it appears from a
report forwarded under this section that the accused has been released on his
bond, the Magistrate shall make such order for the discharge of such bond or
otherwise as he thinks fit.
(4) A copy of any report
forwarded under this section shall, on application, be furnished to the accused
before the commencement of the inquiry or trial:
Provided that the same shall be paid for unless the Magistrate for some
special reason thinks fit to furnish it free of cost.
[3][(5) Where the
officer-incharge of a police station forwards a report under sub-section (1),
he shall alongwith the report produce the witnesses in the case, except the
public servants, and the Magistrate shall bind such witnesses for appearance
before him or some other Court on the date fixed for trial.]