In the case of Dablu Kujur v. State of Jharkhand, the Supreme Court of India recently highlighted the importance of compliance with legal provisions concerning the submission of police reports under Section 173(2) of the Criminal Procedure Code, 1973 (“CrPC”). The Court reiterated the significance of conducting a proper police investigation so as to ensure fair adjudication of any criminal trial.

Facts of the Case
The appellant, Dablu Kujur, filed an appeal challenging the High Court of Jharkhand's judgment dismissing his bail application, in a case registered under Sections 302, 120-B/34 of the Indian Penal Code, 1860 (IPC), and Section 25(1-B) A/26/27/35 of the Arms Act, 1959. The trial was in the advanced stage, with almost all witnesses examined except one. Considering the trial's progress, the Court declined to grant bail to Dablu Kujur.

Observations and Analysis
The Supreme Court, in this judgment, emphasized the importance of compliance with Section 173(2) CrPC concerning the submission of police reports. Section 173(2) deals with the Report of the Police Officer to be filed before the Magistrate as soon as the investigation is completed. The Court referred to the judgments passed in Satya Narain Musadi vs State of Bihar and Dinesh Dalmia vs CBI to come to the conclusion that a police report is only complete when the statutory provisions have been complied with. It stated that a police report is a significant documents that forms the basis of the Court's cognizance of an offense. The requirements specified in Section 173(2) CrPC mandate that the police report must include details of the offense, the accused, the evidence, and the reasons for the conclusion drawn from the investigation. Despite such mandatory provisions clearly laid out in the statute, the police machinery continues to make manifest errors which lead to the trial being conducted in a non-transparent manner. The Court also laid down the components that a Police Report, as also laid down in Section 173(2), and stated that the same must contain the following:

1. A report in the form prescribed by the State Government stating-
   1. the names of the parties;
      
   2. the nature of the information;
      
   3. the names of the persons who appear to be acquainted with the circumstances of the case;
      
   4. whether any offence appears to have been committed and, if so, by whom;
      
   5. whether the accused has been arrested;
      
   6. whether he has been released on his bond and, If so, whether with or without sureties;
      
   7. whether he has been forwarded in custody under section 170.
      
   8. Whether the report of medical examination of the woman has been attached where investigation relates to an offence under [sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB] or section 376E of the Penal Code, 1860.
2. If upon the completion of investigation, there is no sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, the Police officer in charge shall clearly state in the Report about the compliance of Section 169 Cr. P. C.
3. When the report in respect of a case to which Section 170 applies, the police officer shall forward to the Magistrate along with the report, all the documents or relevant extracts thereof on which the prosecution proposes to rely, other than those already sent to the Magistrate during investigation: and the statements recorded under S.161of all the persons the prosecution proposes to examine as witnesses.
4. In case of any further investigation, the police officer in charge shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed and shall also comply with the details mentioned in (i) and (ii)

The Court stated that the aforementioned components are mandatory and non-compliance of the same should be inferred adversely by the respective Courts.

The Court also referred to the Sections in relation to the investigation and police report under the CrPC, including Section 157 outlining the procedure for investigation, Section 169 dealing with the release of the accused when the evidence is insufficient or reasonable grounds for suspicion are present and Section 172 mandating the maintenance of a Diary of proceedings by every police officer conducting an investigation.

In this case, the Court highlighted deficiencies in the chargesheet filed against Dablu Kujur and directed the Director General of Police, Jharkhand, to ensure compliance with legal provisions and submit an action report within four weeks.

Conclusion
The judgment in this case is a significant development in ensuring transparency and adherence to legal standards in the criminal justice system. The Supreme Court's directions emphasize and reiterate the importance of completeness and accuracy in reporting to ensure fair legal proceedings, as non-compliance with statutory reporting standards could lead to issues in the administration of justice.

By - Sayjal Deshpande and Akansha Makker