B. N. Katju, J. - (1.) THE question that has been referred to us for decision is :- "Whether an information contained in the first information report and medical report is information, received from a police officer within the meaning of Section 190 (c) of the Code of Criminal Procedure ?" Section 190 (1) CrPC runs as follows "Subject to the provisions of this Chapter Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2) may take cognizance of any offence- (a) upon receiving a complaint of facts which constitute such offence ; (b) upon a police report of such facts and (c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed."
(2.) IT appears that a final report was submitted by the Investigating Officer against the applicants under Sections 325, 323 and 506 IPC along with the first information report and the medical report in the Court of the Additional Munsif Magistrate V, Allahabad. The first information report under Section 154 CrPC is either a written report of the commission of a cognizable offence given to the Officer in charge of a police station or is the oral information of the commission of a cognizable offence which is reduced to writing. If the officer in charge of a police station has reason to suspect the commission of a cognizable offence from the information received by him he is required by Section 157 CrPC to investigate the case and after completing the investigation to submit a police report under Section 173 (2) CrPC to the Magistrate empowered to take cognizance of the offence stating : (a) the names of the parties; (b) the nature of the information ; (c) the names of the persons who appear to be acquainted with the circumstances of the case; (d) Whether any offence appears to have been committed and, if so, by whom; (e) whether the accused has been arrested ; (f) whether he has been released on his bond and, if so, whether with or without sureties; (g) whether he has been forwarded in custody under Section 170. If the police report is in respect of a case in which it appears to the officer in charge of a police station that an offence has been committed by the accused he is required to submit under Section 173 (5) CrPC (a) all documents or relevant extracts thereof on which the prosecution propose to rely other than those already sent to the Magistrate during investigation. (b) The statements recorded under Section 161 of all the persons whom the prosecution proposes to examine as its witnesses to the Magistrate along with the police report. The Magistrate can take cognizance of the offence on the basis of such a report only under Section 190 (1) (b) CrPC. He cannot take cognizance of the offence under Sec. 190 (1) (b)(e) CrPC on the basis of the information contained in the first information report and the medical report or documents that are sent to him under Section 173 (5) CrPC along with the police report.
(3.) IF the police report is in respect of a case in which it appears to the officer in charge of a police Station that an offence has not been committed by an accused then he is not required to send the first information report or the medical report or the other documents mentioned in Section 173 (5) CrPC to the Magistrate along with the police report. Normally, therefore the question of his taking cognizance of an offence under Section 190 (1) (c) CrPC on the basis of the information contained in the first information report or the medical report does not arise. In the present case it appears that the Investigating Officer submitted the first information report and the medical report to the Magistrate along with the police report in which it was stated that the accused-applicants did not commit any offence although he was not required to do so. We are, however, clearly of the opinion that the information contained in the first information report and the medical report was not received by the Magistrate from a person other than a police officer but was received by him from a police officer, as the first information report and the medical report were sent to him by the Investigating Officer. The Information received from a person other than a police officer upon which a Magistrate may take cognizance of an offence under Section 190 (1) (c) CrPC is information which he receives directly from such a person and not information which is given by such a person to a police officer and which is sent to him by a police officer as in that case he would be receiving information from a police officer and not from a person other than a police officer. Our answer to the question referred to us is, therefore, in affirmative.;