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CHAPTER - XXXVIII (H)
COMPLETION OF INVESTIGATION AND FINAL REPORT
1782. REPORT OF POLICE OFFICER ON COMPLETION OF INVESTIGATION:-
(1). The principles laid down under section 173 of the Code of Criminal
Procedure, 1973 shall be strictly followed.
(2). Every investigation by the Police shall be completed without unnecessary
delay and charge sheet submitted to the court. It shall be remembered that the
delay in the submission of charge sheets militates against the principles of
law. In cases where the accused are caught red-handed with property, there
should be no delay at all in the submission of charge sheets. In such cases, the
accused should be forwarded in custody to the Magistrate having jurisdiction,
along with the charge sheet, except in cases where the accused is a stranger
and his antecedents have to be verified. In offences against person, including
cases of murder, there should be normally be no delay and difficulty in
completing the investigation and filing the charge sheet before the expiry of
the remand period under section 167 of the Code of Criminal Procedure. It
should be remembered that on expiry of the period of ninety days where the
investigation relates to an offence punishable with death / imprisonment for
life or imprisonment for a term not less than 10 years and of sixty days in any
other offence, the accused person shall have to be released on bail if he
furnished bail.
(3). In summons case (section 167 (5) Cr.P.C.), if the investigation is not
concluded within a period of six months from the date on which the accused
was arrested, the Magistrate shall have to make an order stopping further
investigation into the offence unless the investigating officer satisfies the
Magistrate that for special reasons and in the interests of justice continuation
of the investigation beyond the period of six months is necessary. The
supervisory officer should, therefore, ensure that the investigation of cases is
completed within a period of six months, and a report to the jurisdiction court
is sent as stipulated under section 173 Cr.P.C. Even after submission of this
report, the investigating officer may continue further investigation. If he
obtains further evidence, oral or documentary, he shall forward to the
Magistrate a further report or reports regarding such evidence in the form of
supplementary charge sheet, or additional list of documents, additional memo
of evidence with or without statements. (173 (8) Cr.P.C.)
1783. The investigating officer should also bear in mind the bar imposed by section 468
Cr.P.C. for taking cognizance after the lapse of the period of limitation. It is the duty of the
Senior Superintendent of Police, Superintendent of Police and the Circle Inspector to see that
investigations are promptly and vigorously carried strictly in accordance with sections