Criminal Procedure — Section 528 BNSS, 2023 — Closure Report in Section 174 Cr.P.C. Case — Protest Petition — Duty of Magistrate — Whether complaint can be returned without calling for records — Held, No — Magistrate not bound by police conclusion of “suicide” — Protest petition must be considered on merits — Docket order set aside — Matter remanded.

advocatemmmohan

Criminal Procedure — Section 528 BNSS, 2023 — Closure Report in Section 174 Cr.P.C. Case — Protest Petition — Duty of Magistrate — Whether complaint can be returned without calling for records — Held, No — Magistrate not bound by police conclusion of “suicide” — Protest petition must be considered on merits — Docket order set aside — Matter remanded.

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A. Section 174 Cr.P.C. Proceedings — Nature — Paras 5 & 8

Registration under Section 174 Cr.P.C. (suspicious death) requires inquest and post-mortem. Police opinion as to suicide or accidental death in final report is not conclusive and does not foreclose judicial scrutiny.

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B. Protest Petition — Scope of Magistrate’s Power — Paras 11 & 12

When police file closure report, complainant is entitled to file a protest petition. Magistrate:

1. Is not bound by police conclusion;

2. May independently apply mind to materials;

3. May take cognizance despite closure report.

Returning complaint without calling for FIR and final report records amounts to denial of opportunity and improper exercise of jurisdiction.

(Ref: Gangadhar Janardan Mhatre v. State of Maharashtra, (2004) 7 SCC 768)

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C. Disputed Cause of Death — Threshold Interference — Para 10

Where complainant disputes conclusion of suicide and alleges possibility of accidental drowning and improper examination of witnesses, such contentions cannot be rejected at threshold without judicial consideration.

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D. Supervisory Jurisdiction under Section 528 BNSS — Para 12

High Court may interfere where procedural irregularity results in denial of justice, particularly when Magistrate fails to exercise jurisdiction vested in law.

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GIST OF THE CASE

The petitioner, father of the deceased, lodged a complaint regarding suspicious death of his son. Crime No.106 of 2022 was registered under Section 174 Cr.P.C. Police conducted inquest and post-mortem and concluded that death was due to suicide by drowning, allegedly due to frustration over non-performance of marriage. Closure report was filed before the Mandal Executive Magistrate.

Petitioner disputed the suicide theory and alleged:

• Certain witnesses were not examined;

• Statements relied upon were influenced;

• Possibility of accidental drowning;

• Enmity between families influencing investigation.

On learning about closure, petitioner filed a protest petition/private complaint before jurisdictional Magistrate. The Magistrate returned the complaint on the ground that FIR and final report were not placed before Court.

High Court held that:

• Magistrate ought to have called for records;

• Protest petition must be considered on merits;

• Returning complaint without adjudication was improper.

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PRINCIPLES LAID DOWN

1. Police closure report in Section 174 Cr.P.C. case is not binding on Magistrate.

2. Magistrate must independently apply mind to protest petition.

3. Returning complaint without summoning records amounts to failure to exercise jurisdiction.

4. High Court can intervene under Section 528 BNSS to prevent miscarriage of justice.

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DISPOSITION

• Criminal Petition Allowed.

• Docket Order dated 30.07.2024 in C.F.No.1478 of 2024 set aside.

• Magistrate directed to:

  • Take complaint on file;

  • Call for relevant records from Police / Mandal Executive Magistrate;

  • Proceed in accordance with law.

• Original bundle to be returned to petitioner for presentation.

• Pending miscellaneous petitions closed.

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2025:APHC:55232