This short version of law notes to explain Section 173 of the code of Criminal procedure 1973 and various Summary Report filed in the Criminal case.
A, B, C Summary Report.
When the Investigation officer filed any of the above reports. The Court is to consider those report to
take an appropriate decision in accordance with the law.
A, B, C summaries are categories of a case that is not a detective.
or has no evidence to prosecute, is based on a false complaint and mistaken facts respectively.
1. A Summary Case
a.Where the magistrate classifies the case as true but undetected
b.When then is no clue whatsoever about the culprits or property or when the accused is known but
there is no evidence to justify his being sent up to the Magistrate for trial
Case Law - Amratbhai Chambhai Thakor Vs State of Gujarat – Gujarat High Court 2017
2. B Summary case
a. Where the Magistrate classifies the case as Maliciously false
b. When then is no evidence or prima facie case against the accused
c. Applicable when false or frivolous cases are filled.
d. B Summary Report is filed by the Police in such a matter
e. Usually, a final report
f. Will lead to the acquittal of the accused, upon acceptance by the court
g. The Police have to become the complainant and register a case against the original
h. Complainant, stating that he had complained to the police with malicious intent.
Case Law – Dr. Gurukanth Rao NV Vs Dr Ranjeetha Shenoy – Karnataka High Court 2019
Kamalapati Trivedi Vs State of West Bengal – Supreme Court 1980
3. C Summary Case
a. When the case is neither true or false
b. C Summary report is issued by the Police in Such matter.
c. When the Criminal case was filed due to the mistake of facts or the Offence complained about is of a civil nature.
Case Law – Maharashtra State Electricity Distribution Company Ltd Vs State of Maharashtra
Bombay High Court 2011
Bhagwat Singh Vs Commissioner of Police and Another SC 1985
Credit- https://lawgic.info
A, B, C Summary Report.
When the Investigation officer filed any of the above reports. The Court is to consider those report to
take an appropriate decision in accordance with the law.
A, B, C summaries are categories of a case that is not a detective.
or has no evidence to prosecute, is based on a false complaint and mistaken facts respectively.
1. A Summary Case
a.Where the magistrate classifies the case as true but undetected
b.When then is no clue whatsoever about the culprits or property or when the accused is known but
there is no evidence to justify his being sent up to the Magistrate for trial
Case Law - Amratbhai Chambhai Thakor Vs State of Gujarat – Gujarat High Court 2017
2. B Summary case
a. Where the Magistrate classifies the case as Maliciously false
b. When then is no evidence or prima facie case against the accused
c. Applicable when false or frivolous cases are filled.
d. B Summary Report is filed by the Police in such a matter
e. Usually, a final report
f. Will lead to the acquittal of the accused, upon acceptance by the court
g. The Police have to become the complainant and register a case against the original
h. Complainant, stating that he had complained to the police with malicious intent.
Case Law – Dr. Gurukanth Rao NV Vs Dr Ranjeetha Shenoy – Karnataka High Court 2019
Kamalapati Trivedi Vs State of West Bengal – Supreme Court 1980
3. C Summary Case
a. When the case is neither true or false
b. C Summary report is issued by the Police in Such matter.
c. When the Criminal case was filed due to the mistake of facts or the Offence complained about is of a civil nature.
Case Law – Maharashtra State Electricity Distribution Company Ltd Vs State of Maharashtra
Bombay High Court 2011
Bhagwat Singh Vs Commissioner of Police and Another SC 1985
Credit- https://lawgic.info
