Investigating officer has prerogative to collect evidence with respect to alleged offences and add them in report filed u/s 173 of CrPC: P&H High Court

Read Order: Daljit Singh v. State of Punjab and others

Monika Rahar

Chandigarh, March 28, 2022: While addressing the plea of the victim’s counsel on the addition of Section 307 IPC to the report prepared by  the IO under section 173 of CrPC, owing to the infliction of an alleged life-threatening injury on the victim, the Punjab and Haryana High Court has directed the IO to collect medical evidence to see whether the injury was life-threatening so as to make a decision of addition of Section 307 to the FIR. 

The Bench of Justice Sureshwar Thakur observed that the investigating officer alone has the prerogative to conduct the investigations into the FIR, and, to also collect evidence with respect to the alleged offences.

In the instant case, an FIR was registered against the accused under Sections 323, 341, 506, 148, 149 IPC. The grievance of the petitioner’s counsel was that despite the infliction of a life-endangering head injury upon the victim by the accused, the investigating officer was not adding the offence constituted under Section 307 IPC against the accused. 

At the very outset, the Court opined that directing the investigating officer concerned to add Section 307 IPC, in response to the petitioner’s plea, would tantamount to the Court impermissibly entering into the domain of investigations conducted by the investigating officer. Further, the Court added that the investigating officer alone has the prerogative to conduct the investigations into the FIR and to collect evidence with respect to the afore offences against the accused as also add them in the report prepared and filed under Section 173 Cr.P.C. before the learned Magistrate concerned.

However, the Court also opined that the Investigating Officer was required to analyze all the collected evidence, including the report of the doctor on the nature of the injury inflicted upon the person of the victim, and if upon such analysis of the medical evidence, the offence under Section 307 IPC, is made out against the accused, then in that eventuality, the Court directed the IO to take medical evidence (if not taken) and accordingly add the offence under Section 307 IPC in his report under Section 173 Cr.P.C. 

Also, considering the eventually of no offence being made out against the accused under Section 307 IPC, the Court held that it may not be legally permissible for the counsel for the petitioner to yet argue that the aforementioned offence is required to be added against the accused in the report to be filed under Section 173 Cr.P.C. before the Magistrate. 

In view of the above, the petition was disposed of with a direction to the investigating officer to collect the opinion of the medical practitioner (if not done yet) with respect to an offence under Section 307 IPC against the accused concerned so as to ensure justice is done to the victim.