AIR 2008 SUPREME COURT 78 ::2007 AIR SCW 6112 ::(2008) 2 Mh LJ (Cri) 9 ::2008 Bom CRSup 128 ::(2008) 1 MadLW(Cri) 333 ::(2008) 1 CriLR(Raj) 84 ::2008 CriLR(SC&MP) 84 ::(2007) 4 CurCriR 110 ::2008 (1) SCC(Cri) 36 ::2008 (2) MadLJ(Cri) 1766 ::(2007) 4 RecCriR 282 ::2007 (11) Scale 228 ::2008 CriLR(SC MAH GUJ) 84 ::(2008) 1 ALD(CRL) 331 ::2007 (8) SCC 770 ::2007 (2) CalCriLR 680 ::2007 (4) EastCriC 182 ::2007 (4) JLJR 165 ::(2007) 38 OCR 845 ::2007 (4) PatLJR 173 ::2007 (4) Crimes 33 ::2007 (6) Supreme 417 ::2007 (59) AllCriC 841 ::2007 All MR(CRI) 3290 ::(2007) 59 AllIndCas 145 (SC)

Supreme Court Of India

(From : Madras)

Hon'ble Judge(s): S. B. Sinha, H. S. Bedi , JJ

(A) Criminal P.C. (2 of 1974) , S.173(2)— Final report by Police - Against absconding accused - Can be filed if I.O. finds sufficient evidence against accused - Need not wait till his arrest. A charge sheet is a final report within the meaning of Section 173(2). It is filed so as to enable the Court concerned to apply its mind as to whether cognizance of the offence thereupon should be taken or not. The report is ordinarily filed in the form prescribed therefor. One of the requirements for submission of a police report is whether any offence appears to have been committed and, if so, by whom. In some cases, the accused having not been arrested, the investigation against him may not be complete. There may not be sufficient material for arriving at a decision that the absconding accused is also a person by whom the offence appears to have been committed. If the investigating officer finds sufficient evidence even against such an accused who had been absconding, law does not require that filing of the charge sheet must await the arrest of the accused.(Para 15) (B) Criminal P.C. (2 of 1974) , S.173(8), S.173(2)— Further investigation - After filing of final report - Permissible - Further investigation can be undertaken even after cognisance. The ....