Right to life and personal liberty is guaranteed to us by Article 21 of the Constitution. However judiciary has interpreted the article and added many rights to it such as right to food and shelterand most importantly the right to free trial which gives the right to free investigation.
Apex Court stated that if the criminal trial is not free and fair the judiciary will be at stake which will shaken the confidence of public in the whole system so trial should be free and denial of free trial is injustice.
Section 169 of CRPC states that a closure report is a report which is submitted by the investigating authorities to the magistrate stating that there is no evidence or reasonable grounds or suspicion to carry forward the accused in front of magistrate and then to release the accused from custody by making him fill a bond with or without surety that is on the police officer that how he would direct it to appear.
Procedure after the closure report is submitted.
After the closure report is submitted to the magistrate then he consider that whether there is sufficient ground for proceeding further or not if there is sufficient ground then under Section 204 of CRPC magistrate can issue the process of proceedings .
If even the report of the police states that no case is made out the Magistrate can reject it and take cognizance and further investigation under Section 173(8) CRPC is carried out
If it is found that there is no ground or material against the accused then there is no meaning in prosecuting him.
No authority can prosecute when police report states that no case is made unless court finds otherwise.
Crux of closure report.
Fair investigation requires that police should examine entire evidence and if no case is made out there should be a closure report under section 169 which will be regarded as a report under section 173 CRPC.
Again it the duty of the Magistrate to find out whether there is a material to proceed as fair investigation is to protect the accused from unwanted prosecutions.