Allahabad High Court Sets Aside Charges for Ignoring Subsequent Closure Report Filed After Cognizance

LENTIS LEGALIS
ALLAHABAD| 14.02.2026

The Allahabad High Court has allowed a criminal appeal and set aside multiple orders passed by the Special Judge (SC/ST Act), Kannauj, holding that a trial court cannot ignore a Final Report (closure report) filed after further investigation merely because cognizance had already been taken on an earlier charge sheet.

The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to allow this present appeal and set aside the impugned order dated 21.08.2024, 27.06.2024 and 10.05.2024 and all other consequential orders also passed by Special Judge SC/ST Act, District-Kannauj in S.C. No.1374/2023 (State Vs. Sonu @ Bhagwan Bhakt and others) arising out of Case Crime No.627/2023 U/s 147, 452, 323, 504, 506 I.P.C. and 3 (1)(d) SC/St Act, Police Station Kotwali Kannauj District-Kannauj. The Investigating Officer initially filed a charge sheet on 15.09.2023, on which cognizance was taken on 21.12.2023.

As the investigation was still under progress, supplementary report under Section 173(2) Cr.P.C. was submitted by I.O. on 31.3.2024 by concluding that allegations against the appellants were found false. It can be said that a final report was submitted by I.O. subsequent to the order of taking cognizance upon the charge sheet on 21.12.2023

During further investigation under Section 173(8) Cr.P.C., the I.O. submitted a Final Report/Closure Report on 31.03.2024, concluding that the allegations were false. Despite this, the trial court proceeded to frame charges on 07.08.2025 without passing any order on the Final Report.

The central question before the High Court was:
What is the duty of a Magistrate when, after taking cognizance on a charge sheet, a subsequent Final Report (negative report) is filed following further investigation?

The High Court held that A supplementary report, including a Final Report, is an integral part of the primary police report under Section 173 Cr.P.C. A Magistrate is duty-bound to consider every subsequent report filed during investigation, even after cognizance has been taken. Ignoring a Final Report and proceeding to frame charges amounts to a procedural illegality. Passing a fresh order on a Final Report does not amount to a review barred under Section 362 Cr.P.C., as cognizance does not finally dispose of the case.

The Court relied on landmark judgments including:

• Vinay Tyagi v. Irshad Ali (2013) – holding that primary and supplementary reports must be read conjointly.
• Ram Lal Narang v. State (Delhi Administration) – recognising the necessity of further investigation even after cognizance.
• Dharmatma Singh v. Harminder Singh – reiterating the Magistrate’s duty to independently assess conflicting police reports.
• Mariam Fasihuddin v. State (2024) – emphasising that courts must apply judicial mind to every valid supplementary report.

The impugned orders dated 21.08.2024, 27.06.2024 and 10.05.2024, including the order framing charges on 07.08.2025, were set aside. The trial court has been directed to first decide the Final Report after considering it along with the initial charge sheet. Charges may be framed only if a conjoint reading of both reports discloses a prima facie case.

See Here to read full Judgement