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CHAPTER XXXV.
FINAL REPORTS, PROSECUTION FOR FALSE COMPLAJNTh,
WITHDRAWAL OF CASES, APPEAL AGAINST ACQUITTAL
CRIMINAL APPEALS, FTC.
658. Final Reports
The final report (Form No. 89) is the report prescribed by Section
173 of the Criminal Procedure Code.to be sent tothe Magistrate having
jurisdiction This form will be used both for referring cases as false and
reporting them as undertectable.
659. Reporting on false cases !nslructions :
Cases must not be reported as false unless clearly so. Mere
probability will not suffice. Delay in referring cases as false
must be particularly avoided and cases, in which there has been seriousd
delay, must be returned as undetectable, unless fresh facts arc elicited
demonstrating them to be false.
660. Notice to complainant
In cases disposed of under Sections 175 and 157 (b),
Criminal Procedure Code, including cases charged, the
Police have t
0 serve a notice in Form No.90 on tl~ecomplainant or infor
mant and forward the duplicate duly endorsed with the final report to
the concerned Magistrate. Where the complainant or informant is in
directly concerned with a case, notice may be served on the next of not
or a very close relativeof thedeceased if known andif not kncwn, pasted
on the Police Station notice-borad fcr a pericd of 30 days. In cases in
which investigation is refused, tl~eduplicate notice will be attached to
the First Information Report sent to Court.
G.O. NO. 446, judI. (PoL)dated 25th August 1924 and G.O. No. 2166, Home,
dated 6th July 1953.
661. Final rcports to be sent through Circle Inspector
Final reports have to be sent through the Circle Inspector, who is
bound to forward them to the Magistrate without delay, noting rpon
them any orde~sissued to the Station House Officer and any remarks
635
that he may have to offer. The Inspector may order the Station
House Officer to makefurther inquiry or do so himself, In respect of the
Single Sation Circles, the final reports may be sent to the Magistrae
direct by the Inspectors concerned.
G.O. No. 2251, Jud!. dated 26th December 1882.
662. Prosecution of complainant
When t~ie Investigating Officer reports a case as wilfully
or malaciou sly false, he shall state in the final report whether her
intends proceeding against the complainant or not and in the
event will givehis reasons for not doing so.
663. Sanction to initiate proceedings under Section 182 ~r 211, indian
Penal Code
Prosecutions under Section 182 or 211 of the Indian
Penal Code should not be initiated without the orders of the Superia..
tendent or Divisional Police Officer.
664. Prosecution of Government Servants.
(l~The Police should-obtain the prior approvalof the Collector in
the mfussil and that of the head of the department to which the
Government servant belongs in Madras City before charge-sheeting any
Government servant foroffences alleged to have been committed by him
during the dischargeofhisofficial duties.
(2) Collectors and heads of departments in Madras City should
send their replies to the Police within ten days of the receipt of such
proposal from the Police. In the eventofdifferenccof opinion between
the Police ofl the one hand and a Collector or the head of a department
in Madras City on the other, the Police should obtain the orders of the
Government in the matter.
(3) This order does not apply to cases of Police subordinate
prosecuted under the Madras District Police Act, 1859 (XXIV of 1859)
nor to the prosecution of Government servants not under the control
of the State Government.
No-ru.--.The Collectortc whom the report is to be sent in the Collector
of the District in which the prosecution is to be launched,
0.0. Ms. NO. 2164, Home. dated 11th m~y1950.
636
65. Conpla Jut under Section 195, Criminal Procedure Code.
No prosecution for an offence punishable under Section 211, India
Penal Code, shall be launched, when such offence is alleged to have been
committed in , or in relation to, any proceeding in any Court, except
on the complaint in writingof such Court or some other Court to
which such Court is subordinate.
(2) Hence, a complaint in writing of such Court is necessary on
the following occasions ;
(a) When the original complaint was made to the Magistrate
and referred to the Police under Section 1 56 (3) or 202 of the Criminal
Procedure Code
(b~When the Magistrate has taken any judicial proceedi,ng in
a case in which the original complaint was made to the Police and the
case referred by them as false.
(3) The dismissal of a case under Section 159 of the Criminal
Procedure Code without investigation does not constitute judicial
proceeding.
666. No written complaint ofa Court requiredin complaints to the Police
or village headman.
No written complaint of a Court under Section 195
of the Criminal Procedure Code is required in the case of complaints
made directly to the Police or Village Headman. The Madras High
Court has held in Criminal Miscellaneous Petition No. 289 of 1908
(LL.R. XXXII, Mad., Page 258) that a prosecution under Section 211
of the Indian Penal Code will lie in respect of information to a Village
Headman, or to another person bound under Section 40 of the Crimina
Procedure Code to pass on the information to an authority specified in
that section, provided that the information so given is such as the Village
Ileadman or other person is bound by law to pass on to such
~n authority and thus set the crin~ita1law in motion
637
667. ProsecutIon under Section 25, Arms Act
A Station House Officer may himself apply to the Collector through
the Circle Inspector to sanction the initiation of prosecution under
Section 25 of the Arms Act
668. Orders of Magistrate on Final Reports
The final report to the Magistrate, under Section 173 of the Ciirninal
Procedure Code, that a case is false may justify an order for further
mvesugation as the section itself indicates, but it is not open to the
Magi.;trate direct the Police to chago the case against their own report
ttut the case is false The Magistrate has pewer to take action him-
sei~under section 190, Criminal Procedure Code, it he is not satisfied
with the report of the Police that the case is false.
669. V~Ethdrawalof the cases
(I) Goveinnient consider it desirable that, in all grave cases in
M~isterialCourts, tne Public Prosecutor, or the Assistant Public Prosy
cutor should consult the Collector before wittidrawing from the
prosecution of an accused.
(G.O.No. 19, JudI. 2nd Jane 1906)
(2) In cases where the Superintendent directs tae withdrawal the
Prosecuting Counsel should be instructed to move the Court for with.
drawal under Section 321 criminal Procedure Ccde.
(G.O.No. 112, Home, 10th Jan, 19o0)
670. Appeal agaInst acquittal
(1) Whenever the Supeintendent of Police considers that there
are grounds foi a successful appeal against an acquittal he should addres
5
the Collector in detail with a view to 1~ismoving the Government to
take action.
(G.O.No. 1742, JudI. 17th Aug. 1914)
638
(2~Trivial and unimportant cases should not be tak en on appeal
to the High Court, Proposals for appeals against acquittals and revisions
for enhancement of sentences should be sent only in cases where i hicr
are substantial and compelling reasons for doing so.
G.O.Ms.No. 3242, Home, dated 17th November 1955.)
(3) Papers relating to appeals against acquittals should be treated
as Most I rnnicdiate at all stages. A red slip bearing the words
Most Immediate and mentioning the last date for appeal be pas~ed
to every communication and also on the top of every file dealing with
such a case.
(G.O.Ms.Nc. 539, Home, dated 5th March 1958)
(4) (a) The time allowed for filing appeals is three month. AU
proposals for appeals against acquittals should be submitted to Govern-
ment within a period of two months from the date of judgement to be
appealed against.
(G.O.Ms.No. 630, Uome, dated 10th March 1955),
(b) All proposals for revision petitions for enhancement of the
sentences should be submitted within one month from the date of the
order of discharge or judgement imposing the sentence which ought to
be revised.
(c) proposals for filing an appeal after the expiry of two month-
from the date of judgement sought to be appealed against should be
accompanied with an explanation for the delay.
(5) All prcpc sals for appeals against acquitials shculd Fe acecin
panied in the following infcrmaticn.
(a) the date of judgement of acquittal.
(b~ the date of application fcr a ccpy cf the judgenient.
(c) the date of furnishing copies by the Court and
(d) T~hedate c,f expiry cf limitation.
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(6) Pr~posa1sf
9r appeals should be accompanied with two court
certi~edcopies of calender and judgement of the Court or Courts apart
from one true copy. When Calender and judgements of two Courts
have to be sent these relating to each Court should be typed separately
leaving enough space on the top for affixing Court-fee stamps. In all
cases where printed copies are normally available, only printed copies
fjudgement s should be sent.
G.O.No. 4211, Home, 22nd Oct. 1949. Govt. Memo No. 157433/Cts.1
1/595,4th Jan. 1950-374332/Cts./ 2-1, Home, 3rd April 1962).
671. Criminal appeals High court
(I) The Public prosecutor Madras has issued the following instruc-
tions ia regard to the better representation of the State in criminal appeals
~nthe Fligh Court of Judicature at Chennai.
(a) ~Notice:
C~pies 0f notices in all criminal appeals are sent to Superintendent
.f Police by the High Court. Superintendent f Pc lice decide t in the
in c~nsu1tationwith the Public Prosecutor, if necessary whether the
deputation of a Police Officer is necessary and intimate to the High
Court whether an additional set of records will be required, in criminai
revisien cases, notices, are sent by the Public prosecutor to the
Collector who in some cases forwards them to the Superintendents of
Police. Ordinarily in revision cases, deputation of an officer is un-
necessary.
(b) Date of hearing :.
(I) Criminal appeals, referred trials and references injury cases to be
heard before Bench on a Monday will be posted in the rough list on the
previous Tuesday when intimations will be sent to Superintendents of
Police in cases where they have asked for such intimation and only after
receipt of such intimation from the Public Prosecutor should the officer
deputed proceed to Madras to instruct him.
(ii) Criminal revision cases are orainarily posted before a single
Judge on Thursday, and the approximate date of hearing in such cases
is known seven days before the hearing.
640
(iii) Sometimes officers come up on the date given in the notico
issued by the High Court, but this date is only a formal one and
no case ordinarily comes on for hearing on the date given in the notice.
(c) Bail :
Ordinarily no notice is given to the Public Prosecutor before movins
an application for bail. Sometimes the Court after the application is
moved directs notice to the Public Prosecutor and adjourns the case to
a specific date to enable him to get instructions. Sometimes practi-
oners give him notice of their intention to apply for bail in which case
he applies to the Collector for instructions. If Collectors or Superin-
tendents of Police desire him to appear and oppose any application for
bail which is likely to be moved in the High Court, Government have
laid down that the following procedure should be followed
(G.O. 632, Public, 24th June 1926.)
(i) When a Superintendent of Police receives information from
his subordinates or otherwise or has reason to believe, that the accused
in a important case in his district intend moving the High Court for
bail and that such application should be opposed, he should give early
intimation of the fact to the Collector and submit a clear statement of
the grounds on which such application, if made, should be opposed.
(ii) As soon as the Collector receives this intimation he should,
if he agrees that the motion if made should be opposed, instruct the
Public Prosecutor, Madras, to do so giving him a brief and clear state-
ment of the facts of the cases, In urgent cases telegrams should be sent.
(iii) The Public Prosecutor or will then arrange to oppose the
when it is made.
(iv) In cases in which the High Court has released an accused
persononbail without notice to the Public Prosecutor and there arc
adequate grounds for moving for cancellation of the bail, the Colluc-
for should instruct the Public Prosecutor to move the High Court.
641
(ci) Enhancement or reduction of sentence.-
(1) (i) In all cases in which the Collector is of opinion that a sentence
awarded by a subordinate magistrate ought to be enhanced or reduced
he may make a recommendation~tothe High Court under section 397
Criminal Procedure Code.
(ii) if the Collector thinks that a sentence awarded by a Sessions
Court ought to be enhanced, he shall make the recommendation to
Government in accordance with G. 0. No.1494, Judicial, dated 25th
September 1901.
(iii) If an accused sentenced by the Sessions Court has appealed
to or moved the High Court in revision against the order of the Sessions
Judge, the Collector can in such cases instruct the Public Prosecutor
to move for enhancement of sentencevide G. 0. No. 303, Judicial,
dated 24th Feburary 1910 and G. 0. No. 1256, Judicial, dated 8th June
1915.
(2) Iii every appeal to the High Court which is of importance and
in whichthe record is voluminous, a Police Officer, with detailed personal
knowledge of the case, should be sent to instruct the Public Prosecutor,
Madras. It is especially desirable that he should be so instructed in
appeals against convictions in im?Ortaut cases based on circumstantial
evidence
(3) The Government have directed that the date of hu~iag o~all
Gvernment case in the High Court, Madras, ~specia1iyui its eany stages
coicerned, by the Law Officer in-charge of the cas~,so that the Head of
the Department, may, if necessary, depute a departmental officer to
instruct the law officer suitablyon departmental matters. These
orders apply to the Civil and the Criminal cases in the High Court,
Ch~nn:ti.
F230-341
642
Note.Immediatolv on decidingto depute a Police Officer to Instruct
the Public Prosecutor in cases of Criminm~lAppeals and Referred Trial,
Superintendents of Police should see that printed records are obtained
direct from the Registrar, High Court and that the Police Officer depu-
ted meets the Public Prosecutor with the printed records.
(4) The procedure regarding sending case diaries to Government
for being forwarded with petitions for mercy, is laid down in Police
Standing Order 575.