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) Code of Criminal Procedure 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.
(3.) The first information report under Section 154 Code of Criminal Procedure 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 Code of Criminal Procedure to investigate the case and after completing the investigation to submit a police report under Section 173(2) Code of Criminal Procedure 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.;