The Supreme Court has observed that police need not file closure reports in cases where criminal proceedings or FIR have been been quashed by the High Court. A bench comprising Justices MR Shah and CT Ravikumar deprecated the practice of police filing closure report in cases even when proceedings have been quashed by the High Court.
The bench made these observations after noting an instance of closure report being filed by the Uttarakhand Police in a quashed case.
"We are literally surprised and shocked that when the criminal proceedings/FIRs were quashed by the High Court, which has been challenged by the State thereafter, how there can be a closure report by the I.O(Investigating Officer)", the bench observed.
"If such a practice is being followed by the State, the same should be stopped immediately. We observe that in case of quashing of the criminal proceedings/FIRs by the High Court, there is no question of preparing/filing a closure report under Section 173 CrPC", the bench added.
The bench further directed a copy of the order to be sent to the the Chief Secretary and the Sectary (Home Department) of the State and the Director General of Police of the State to circulate it to all the Police Stations in the State so that such practice is discontinued.
Case Title : State of Uttarakhand vs Umesh Kumar Sharma and ors
Citation : 2023 LiveLaw (SC) 335
Code of Criminal Procedure 1973 - Supreme Court directs Police to not file closure report in cases where proceedings/FIR have been quashed by the High Court-in case of quashing of the criminal proceedings/FIRs by the High Court, there is no question of preparing/filing a closure report under Section 173 CrPC
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