Madras High Court· 21 July 2026

When may an investigating officer file two final reports in a case and counter case, and what must he record?

Uthanduraj v. State of Tamil Nadu

Crl.OP.(MD)No.1615 of 2026 · Crl.OP.(MD)No.1615 of 2026
Coram: Justice R.Vijayakumar

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Answer

Where after a thorough investigation he is unable to find the real aggressor, or where both parties are aggressors and have exceeded the bounds of the law and committed independent offences against each other, he may file a final report in each case; those are rival versions of the same incident but are not inconsistent with each other. He need not obtain the opinion of the Public Prosecutor, but he must assign proper reasons indicating the factual basis for filing two final reports, and those reasons must appear in both reports.

Headnote

Bharatiya Nyaya Sanhita, 2023 — s.296(b) — s.115(2) — s.351(2) — Bharatiya Nagarik Suraksha Sanhita, 2023 — s.528 — Case and counter case — Two final reports — PSO 566 — Case and counter case — Two final reports — Reasons must be assigned in both — Held: Where the investigating officer cannot find the real aggressor, or finds both parties aggressors, he may file a final report in each case; but proper reasons must be assigned, and must appear in both reports. (¶13, ¶18) Case and counter case — Duty of the Magistrate — Final reports to be returned — Held further: The Magistrate must scrutinise both final reports and, where they are inconsistent rival versions or filed mechanically without finding the true aggressor, return them and direct the officer to come up with a definitive case. (¶12, ¶14) Bharatiya Nagarik Suraksha Sanhita, 2023 — s.528 — Cognizance taken inadvertently set aside — Held further: Where cognizance has been taken inadvertently on both reports and trial has not begun, the order may be set aside under s.528 with a direction to follow PSO 566. Cognizance in both cases set aside. (¶15, ¶20) Case and counter case — Fate of the rival complaint to be stated — Held further: Even where a single final report is filed, it must state the fate of the rival complaint, so that the trial court can scrutinise it or await the protest petition. (¶18)

In the Court's own words

Paragraph 12For better appreciation, paragraph Nos.58(A)(b)(v) and 58 (B)(a)

Paragraph 13From the judgment of the Hon'ble Full Bench, it is clear that when the investigating officer is unable to find the real aggressor or whether both the parties were aggressors, he may file two final reports. However, the investigating officer has to assign proper reasons for filing two final reports in such cases. However, in the present case, though two final reports have been filed, the investigation officer has not assigned any reason whatsoever in both the final reports for filing two final reports.

Paragraph 18In such view of the matter and in continuation of the directions issued by the Hon'ble Full Bench in Paragraph No.58(A)(b)(v), the investigating officer has to point out the real aggressor or assign proper reasons for filing two final reports. This reason should be found in both the final reports. Even in cases where only one final report is filed arising out of one complaint, the fate of the other rival complaint should be pointed out. This would enable the trial Court to scrutinise the final report or to await for the result of the protest petition filed, challenging the closure of the rival complaint.

Acts & Sections

s.296(b) Bharatiya Nyaya Sanhita, 2023s.115(2) Bharatiya Nyaya Sanhita, 2023s.351(2) Bharatiya Nyaya Sanhita, 2023s.528 Bharatiya Nagarik Suraksha Sanhita, 2023PSO 566

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Also decided in this judgment

What is a Magistrate's duty when two final reports arising from a case and its counter case are placed before him?What is the remedy where cognizance has been taken inadvertently on two final reports in a case and counter case?Must a final report disclose the fate of the rival complaint even where only one report is filed?

Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections