What are A, B and C Summary Report filed in a Criminal Case
In the case when either the evidence is not found or the accuse is not found the Police and the case becomes undetectable, the Police has 3 option to go for instead of filing the charge sheet in the court. These are as follow:
A summary report:
This report is filed by the police when the case is true in nature, i.e. the complainant has not filed a false report and there are reasons to believe by Magistrate that an offence is committed, but it is undetectable by Police. When there is no clue of the culprits found or the property or when the accuse is known but there is no evidence to justify his being sent to the Magistrate for Trial.
NOTE: In such case, the report after submitting to the magistrate goes to the record room. Where it stays for the period of the next 50 years. Which means that if the accuse is found in this 50 year, then he can be tried for that offence. And if this time period of 50 years is crossed, then the accuse will not be tried.
B
summary report:
When
the Police finds, and the Magistrate classifies the case to be maliciously and
falsely dawned, then the station in-charge files B summary report. There is no
evidence prima facie against the accuse and the application was false or
frivolous. Usually, it is a final report, which leads to the acquittal of the accuse
once accepted by the Court.
NOTE: In such cases, the police has to become the complainant and register a case against the original complainant stating that he has filed a complaint to the police with malicious intent and this is punishable u/s 177 (furnishing false information to any public servant) and 182 (false information given with intent to cause public servant to use his lawful power to injury of another person) of the IPC.
C summary report:
This report is filed when neither the complaint is true nor it is false. Neither there are any substantial reasons to believe that the offence has committed and nor the complainant has the malicious intent to injure or harass any other person. But the case is filed by mistake of facts on the part of complainant or the offence complained about is of civil nature (as found later).
Then no legal proceeding will start against the complainant. But if there is any civil wrong done, then the complainant may go as per the procedure established by law.
What if the accused is arrested and there are no evidence against him.
If the accuse is arrested, then the Police has to first file the Discharge report, also called closure report under section 169 (release of accuse when the evidence is deficit) r/w section 173 CrPC, and then Summary Report is immediately filed to the court. If the Police does not discharge the accuse, then they would be held liable for the wrongly detaining a person. Check the article for more information relating to if the police wrongly detain a person.
What if the Victim is not happy with the investigation done by Police?
The remedy available to the victim if he is not satisfied or happy with whatever investigation is done by Police or he thinks that the Police was biased in the investigation or was trying to help the accuse. Then the Victim can file Protest petition. He has the right to object to the final report submitted by the Police and if the court is satisfied, then magistrate can order for re-investigation u/s 156(3) to another police officer. The court is not bound to accept the final report submitted by Police and may entertain the protest petition. Or the court may accept the final report and treat the protest petition as complaint and proceed u/s 200 or 202 of CrPC.
Though Protest petition is not defined under criminal law, but the Judiciary have recognised it's importance in various judgements.
Also read - Can police arrest even if you have not committed any crime
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