Negative final report submitted after investigation is completed. The investigation officer was influenced by the accused because he knew them well. He ignored a lot of crucial evidence which must be collected by him during the investigation. My advocate filed a protest petition against the negative final report. Case is listed for final hearing but I want to handle my case strongly because if the case gets closed by the order of the magistrate the accused will ruin my life. How can the investigating officer submit a negative final report when the offence was committed in presence of several persons. The investigating officer recorded the statement of witnesses who were not present at the place of occurrence. He recorded the statements of only two witnesses who are supporting my case. Some vital documentary and forensic evidence have been destroyed by the investigating officer.
Asked from: Uttar Pradesh
Your advocate has taken the appropriate step in challenging the final report submitted by the investigating officer. In this situation, the contents of the protest petition become crucial. Based on the facts of your case, it appears that the investigating officer has intentionally not collected vital evidence related to the offence.
These malpractices and omissions must be clearly highlighted in the protest petition. It is a well-established legal principle that the court is not bound to accept the final report. The investigating officer merely expresses an opinion on the outcome of the investigation in the final report, but the court has the authority to adopt a different view after its perusal.
In Bhagwat Singh vs. Police Commissioner (1985) 2 SCC 537, the Supreme Court held that when a negative final report is submitted, the Magistrate has four options:
- Accept the report and close the proceedings.
- Direct the police to conduct further investigation.
- Conduct an inquiry himself or refer the investigation to another Magistrate under Section 159 of the Cr. P.C. [Section 178 BNSS]
- Take cognizance of the offence under Section 200 of the Cr. P.C. [Section 223 BNSS] as a private complaint, provided sufficient material is available and the complainant is willing to proceed.
Therefore, the Magistrate has the authority to reject the negative final report submitted after investigation and either direct further investigation or treat your protest petition as a complaint and proceed accordingly.
In the argument on your protest petition, you should explicitly highlight the mistakes committed by the investigating officer and demonstrate that there is prima facie evidence of a cognizable offence. If satisfied, the Magistrate can take cognizance of the offence and issue process against the accused. For more legal help please visit Kanoon India.
