Non-Compliance with Section 173(2) Cr.P.C. Gives Rise to Many Legal Issues in Court: Supreme Court in Dablu Kujur’s Bail Denial
In a critical observation today, the Supreme Court, while refusing bail to Dablu Kujur, underscored the significant legal complications arising from non-compliance with Section 173(2) of the Cr.P.C. in police reports. The verdict was pronounced by Justice Bela M. Trivedi and Justice Pankaj Mithal. [Para 7, 12-16]
Legal Point:
The Court focused on the mandatory adherence to procedural norms in the submission of police reports, highlighting its crucial role in the judicial process. The judgment detailed the obligations of Investigating Officers in preparing comprehensive reports as per the directed guidelines. [Para 7, 12-16]
Facts and Issues:
The issue at hand was the bail appeal of Dablu Kujur, accused under the IPC and Arms Act. The Supreme Court noted the advanced stage of the trial, with most witnesses already examined, influencing its decision to deny bail. [Para 2-4]
Court’s Detailed Assessment:
Justice Trivedi provided specific instructions for police reports, covering details of the accused, the offence, arrest and custody status, especially in cases involving sexual offences. The Court’s directives aimed at ensuring the thoroughness and legality of police reports. [Para 17-18]
A notable directive was issued to State and High Court authorities to ensure compliance with these guidelines, emphasizing the importance of procedural accuracy in the criminal justice system. [Para 19]
Decision:
The Supreme Court’s dismissal of Kujur’s bail plea, adhering to the High Court’s decision, reinforced the essentiality of strict compliance with legal procedures in police reporting. [Para 19]
Date of Decision: March 12, 2024
Dablu Kujur vs The State of Jharkhand
