• Can a high rank police officer cancel a charge sheet or a final report?

A final report was submitted by IO on a criminal case against a criminal case uncer IPC 419, 420, 467, 468, 471 but later S.P(Crime) hold the report and send a note on report to SSP that this report is not accurate on some points and suggesting the SSP to cancel the final reports giving Contentment. Later SSP cancelled the Final Report on Contentment and gave orders for Re-investigation. Later a chargesheet was submitted in the court. Do SSP has the power to cancel a chargesheet or Final Report?
Asked 4 years ago in Criminal Law
Religion: Hindu

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21 Answers

No SSP doesn't have power to cancel chargesheet once filed. Only HC can quash it. Trial can discharge the accused. And prosecution can withdraw the charges/prosecution.

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

1. The Final Report once prepared and submitted in court can only be re investigated on non acceptance of the Finat Report by court only.

2. In other words once the Final Report is submitted in court  , it become the subject matter of adjudication of court alone and the SSP can not interfere in it.

3. So you can go for quashing in the high court challenging the new charge sheet. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

see if in case the report was before the court he cannot cancel, once same is filed before the court only court can discharge and hight court may quash.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hello,

No, unless the court also consider the same ground.

Regards

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

Yes SSP have power to cancel chargesheet or final report until it is submitted in court. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Yes before the submission to the court it may be reordered by the forwarding officer / ssp/ /sp as the case may be.

 

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Yes. He himself can Reinvestgate if chargesheet not submitted

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

1. Yes, before submission of the charge sheet in the Court, re-investigation can be ordered,  

2. the case can be canceled if no offense is made out,

3. after submission of the charge sheet, the Court can order for re-investigation on the request/grounds of the accused

4. the complainant/aggrieved party can file a protest petition if not satisfied with the cancellation report,

 

 

 

Suneel Moudgil
Advocate, Panipat
2380 Answers
6 Consultations

4.8 on 5.0

Yes the senior police officer may direct further or reinvestigation in ongoing investigation.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes, it can do so.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Aftercompletionoftheprocessofinvestigation ,departmentalSuperiorsmustbeconsulted with such progress of investigation of the case and if approved, the case may be ended in the final form i.e. Charge-sheet, Final Report as True, Final Report as False, Final Report as Mistake of Fact, Final Report as Mistake of Law etc., subject to the evidence found during investigation.

 

2)reinvestigation can be ordered by SSP 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Reinvestigation can be ordered by SSP

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

No charge sheet or the final report can only be dismissed by the magistrate.this is an illegal act.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Until the charge sheet has not been submitted the IO is the authority who prepares the charge sheet. He may be given instructions as to certain things and investigations to be done. But nobody can direct him to do or not do anything. 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Yes till matter is under investigation.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Yes SSP can order re investigation.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

-  Under Section 173(2) of the CrPC ,  A Magistrate is not barred from directing further investigation in a criminal case after the police has filed a final report/chargesheet.

- Hence, after filing of the Charge sheet in the court, the magistrate can direct to re investigate the matter by an higher police official , and that higher official can only file its report or additional charge sheet in the said matter.

- But, that police has no power to cancel the earlier filed charge sheet , and to adopt a new-one, except the Court.

- Yes, until the chargesheer or final report is not submitted in the court , it can be re-investigated under the supervision of SSP. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

While considering the issue of defective or improper investigation by the
concerned investigative authorities who are under an obligation to perform
certain duties as per law, court in Dayal Singh & Ors, v. State of Uttaranchal
framed certain determinative parameters as,
“(i) Whether there have been acts of omission and commission which
have resulted in improper or defective investigation;

(ii) Whether such default and/ or acts of omission and commission have
adversely affected the case of the prosecution;
(iii) Whether such default and acts were deliberate, unintentional or
resulted from unavoidable circumstances of a given case;
(iv) If the dereliction of duty and omission to perform was deliberate,
then is it obligatory upon the court to pass appropriate directions
including directions with effect to taking of penal or other civil action
against such officer/ witness.
It can be deduced from the parameters prescribed by the Court that to answer
the question of whether an investigation was defective or improper, following
points are required to be taken into consideration i.e.
(i) What acts or omissions resulted into improper or defective
investigation?
(ii) What effects did they leave upon the prosecution case?
(iii) Whether the alleged acts/omissions were performed without an intention
or performed deliberately?
(iv) Whether they were due to the circumstances of the particular case?
(v) Whether only in the case when the breach of the duty is found to be
performed deliberately, the court is under an obligation to issue
necessary directions?
It was observed by the Hon’ble Supreme Court that the investigating officer is
obliged to be “diligent, truthful and fair in their approach and investigation.
Regarding the effects of ‘acts or omissions that resulted into misuse’ upon the
case, court made the observation, that consideration of effects is quite irrelevant.
It is not necessary that such misuse should result in to some prejudice to the
prosecution case. Only the deliberate act or irresponsible attitude of the
investigating officer is sufficient to prove that there has been a misuse of
investigating power by the concerned police officer. Court went on to note that,
“Where the default and omission is so flagrant that it speaks volumes of
a deliberate act or such irresponsible attitude of investigation, no court
can afford to overlook it, whether it did or did not cause prejudice to the
case of the prosecution. It is possible that despite such default/ omission,
the prosecution may still prove its case beyond reasonable doubt and
the court can so return its finding. But, at the same time, the default and

omission would have a reasonable chance of defeating the case of the
prosecution in some events and the guilty could go scot-free.
Regarding the third issue, it was observed by the apex court that police officers
are expected to perform their duties strictly in accordance with the law. If they
have committed any default or breach of duty during the investigation, they are
answerable for the same. Whether the default was intentional or otherwise, is
not of much importance, since in both the circumstances there are probabilities
of prosecution case getting adversely affected. A bona fide or unintentional
omission or commission results into a faulty investigation simplicitor.
Apex court referring to its earlier judgment in State of Punjab v. Ram Singh
observed that,
“The consequences of these defaults should normally be attributable to
negligence.” But an intentional omission or commission results into a
deliberate and motivated faulty investigation. Court made the
observation that in case of deliberate dereliction of duty, conducting
investigation in a callous and irresponsible manner, the court can give
specific finding for initiating enquiry against the concerned police
officer and can direct for disciplinary proceedings

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

In effect, the Supreme Court has held that a Magistrate can order further investigation into a cognizable offence, even in the post-cognisance stage, right up until the charges are framed in the case. ... To ensure that a “proper investigation” takes place in the sense of a fair and just investigation by the police 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

the higher officer of police has power for further investigation under Section 173(8) CrPC, even without an order of the Court.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

SSP can also order for Reinvestigation.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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