Final Report filed by Police in Criminal cases:
Actually a 'Final Report' filed by an Investigating officer, is loosely called as 'Charge Sheet'.
Based on a complaint of a complainant, police may register a case.
After investigation, the Investigating Officer may file a “Final Report” or closed the case as 'Mistake of Fact'. It is a “negative Final Report”.
If a negative final report is filed by the police before the Magistrate, the Magistrate shall issue notice to the defacto complainant. He may file his written objection which is used to be called 'protest petition'. The Magistrate, after perusing the Final Report and statements recorded by police under section 161 Cr.P.C. may agree with the conclusion of the Investigating Officer.
Under certain circumstances, a police case will become a private case and a private case will become a police case.
A private case filed under section 200 Cr.P.C. becomes a police case when a direction has been issued under section 156(3) Cr.P.C. Because thereafter the police must necessarily register F.I.R. under section 154 Cr.P.C.
A F.I.R. so registered, when referred by the police and when a protest petition is filed by the defacto complainant, thereafter it must be proceeded with as a private complaint.
Thus the private case becomes a police case. In such a case, private complaint procedure has to be followed. (See Section 200, 202, 190(1)(a), 204, 203 Cr.P.C.)
When a referred charge sheet is filed by the police and on notice, the complainant files his objection/protest petition, the Magistrate has to record the sworn statement of the complainant and his witnesses and then peruse such materials and if he finds any sufficient reasons to proceed further, he can take cognizance under section 190(1)(a) Cr.P.C. and issue summons to the accused under section 204 Cr.P.C.
If there is no sufficient ground to proceed further, then he has to dismiss the protest petition under section 203 Cr.P.C. briefly stating his reasons for so doing.
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