Supreme Court of India

Mrityunjay Kumar Chaudhary v. State of Bihar and another

Published on this website

Criminal appeal arising from SLP (Crl.) No. 18490 of 2026

Citation: 2026 LiveLaw (SC) 1043 (publisher citation); INSC citation and reporting endorsement not printed in supplied order

India | Code of Criminal Procedure, 1973 | Section 161India | Code of Criminal Procedure, 1973 | Section 190(1)(b)India | Code of Criminal Procedure, 1973 | Section 169India | Indian Penal Code, 1860 | Section 302India | Indian Penal Code, 1860 | Section 201

Background

Background

India’s Supreme Court restored cognizance after a closure report: section 161 statements can support proceedings, but do not become substantive trial evidence.

After the appellant’s son drowned, the police filed a closure report. The Magistrate initially accepted it and treated the protest petition as a complaint. A detailed revisional order led to reconsideration and cognizance, which the High Court set aside. The Supreme Court restored the course towards trial.

Legal questions

Can a court consider section 161 statements and take cognizance despite a police closure report in a drowning-death case, while preserving the independence of the trial?

Court holding

What the Court decided

Section 161 police statements may be considered at cognizance even after a closure report, without becoming substantive proof at trial. The court may independently assess the police report. A postmortem showing drowning does not by itself exclude foul play.

Final outcome

Final outcome

Appeal allowed; High Court order set aside and matter remanded to expedite trial. Accused to appear within two weeks for committal proceedings; custody and production on failure to appear, with release on bail on appearance or production subject to cooperation. Preliminary observations must not govern trial.

Practical effect

What the decision means in practice

Appeal allowed; High Court order set aside and matter remanded to expedite trial. Accused to appear within two weeks for committal proceedings; custody and production on failure to appear, with release on bail on appearance or production subject to cooperation. Preliminary observations must not govern trial.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.

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Original judgment and official source

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Later treatment

Later treatment

No later treatment verified. Publisher citation: 2026 LiveLaw (SC) 1043. The order did not convict the accused or finally decide the alleged circumstances.

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