Bhagwant Singh v. Commissioner of Police
Easy classroom-style explainer on a key ruling: notice to informant on “no offence” reports, Magistrate’s three options under Section 173 CrPC, and hearing of victims/relatives.
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Quick Summary
When police file a final report saying no offence, the Magistrate must hear the informant before dropping the case. The Court also recognised the right of injured persons/relatives to be heard if they come to know of the hearing. The Magistrate has 3 choices under Section 173 CrPC.
(1985) 2 SCC 537 CrPC / Victim Participation
Issues
- Can the Magistrate accept a “no offence” report and drop proceedings without notice to the informant or the injured/relatives?
Rules
- On a final report under Section 173(2) CrPC stating “no offence”, the Magistrate may:
- Accept the report and drop proceedings.
- Disagree, take cognizance, and issue process.
- Order further investigation under Section 156(3).
- Notice to informant is mandatory before dropping proceedings.
Facts (Timeline)
Skip to Judgment
Arguments
Appellant (Informant)
- CBI filed a no-offence report without informing him.
- He sought a chance to be heard before the court dropped the case.
- Pointed to investigation gaps and suspicious facts around the death.
Respondents (State/CBI)
- Investigation done; opinion formed that no offence was made out.
- Court to decide whether to accept the report or seek more inquiry.
Judgment
Held: If the Magistrate proposes to drop proceedings on a “no offence” report or finds no ground against named persons, the informant must get notice and be heard.
- Injured/Relatives: Even if not informants, they have locus to appear and be heard if they learn of the hearing.
- Discretionary notice: Magistrate may also issue notice to relatives; not doing so does not invalidate the order.
- Three options affirmed: Accept and drop; take cognizance; or order further investigation under 156(3).
Focus on fair process and participatory justice at the post-investigation stage.
Ratio Decidendi
- Audi alteram partem: Informant has a right to be heard before proceedings are dropped on a negative final report.
- Victim participation: Injured/relatives may assist the court at report-consideration stage.
- Magisterial control: Clear affirmation of three lawful paths after a Section 173 report.
Why It Matters
It prevents one-sided closures of cases and strengthens victim/informant voice. It also guides Magistrates on next steps when police say “no offence”.
Key Takeaways
- Informant must get notice & hearing before dropping.
- Injured/relatives have locus to be heard.
- Three lawful options under S.173 and S.156(3).
- Magistrate leads—not a rubber stamp for police reports.
Mnemonic + 3-Step Hook
Mnemonic: “Hear → Choose → Probe”
- Hear: Informant (and victims) must be heard.
- Choose: Accept & drop or take cognizance.
- Probe: If unclear, send for further investigation (156(3)).
IRAC Outline
Issue
Can a Magistrate drop proceedings on a negative final report without hearing the informant/injured?
Rule
Informant must be notified and heard; victims/relatives have locus; Magistrate has three post-report choices (S.173/156(3)).
Application
Informant in this case was not told; SC directed that he be heard before any final order on the CBI report.
Conclusion
Hearing is mandatory for informant; relatives may be heard; Magistrate decides to drop, proceed, or seek further probe.
Glossary
- Final Report
- Police report under S.173(2) saying no offence is made out.
- Cognizance
- Magistrate’s decision to proceed with the case and issue process.
- Further Investigation
- Additional probe directed by the Magistrate under S.156(3) CrPC.
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