The accused cannot be afforded a chance to provide explanations before the submission of the final report.

The High Court has made an unusual observation, suggesting that the Investigating Officer should allow the appellant to clarify the evidence collected against them during the investigative process before the submission of the final report under Section 173 of the CrPC. To say the least, this approach appears highly unconventional and appears to contravene established legal principles.

In the specific case at hand, the appellant held the position of Assistant Society Manager within the relevant Society. The FIR against the accused contains grave allegations of financial misconduct and the improper use of public funds intended for the welfare of farmers. Consequently, given the seriousness of these allegations, the High Court declined to quash the FIR but, in a different vein, directed that the “Petitioner shall be given due opportunity by the Investigation Officer to explain the material collected against him before submission of the final report.”

The Apex Court, in its ruling, observed that the High Court had dismissed the appellant’s plea without delving into the merits of the case. In light of this context, the Court reinstated the matter before the High Court, simultaneously extending the interim relief previously granted.