Chargesheet Will Not Be Invalidated If Some Documents Relied Upon By Prosecution Are Not Filed Along With It: Delhi High Court

The Delhi High Court has ruled that a chargesheet will not be vitiated or invalidated if the documents relied upon by the prosecution are not filed along with it.

“Ordinarily though, all the documents relied upon by the prosecution should accompany the charge- sheet, nonetheless, if for some plausible reasons, all the documents are not filed along with the charge-sheet, this itself, would not invalidate or vitiate the charge-sheet,” Justice Anoop Kumari Mendiratta said.

The court said that the right of an Investigating Officer for further investigation in terms of Section 173(8) of Cr.P.C. is not taken away only because the chargesheet is filed against the accused under Section 173(2) of the Code.

“ If upon the material produced along with the charge-sheet, the Court is satisfied about commission of an offence and thereupon takes cognizance of the offence allegedly committed by the accused, it is immaterial whether the further investigation in terms of Section 173(8) of Cr.P.C. is pending or not, qua other accused or for production of some documents not available at the time of filing of the charge-sheet…,” the court said.

Justice Mendiratta made the observations while dismissing a plea moved by an accused seeking statutory bail in a cheating case on the ground that an incomplete chargesheet, though the same was filed within time on the 90th day.

The accused submitted that some original documents were to be collected by the IO during the course of investigation but no steps were taken despite filing an application before the concerned Court.

The court rejected the contentions as being without any merit and observed that the chargesheet was filed within the stipulated period of 90 days and cognizance of the offences was taken.

“In the facts and circumstances of the present case, this Court is of the opinion that the charge-sheet having been filed against the petitioner within the prescribed limit and cognizance having been taken by the concerned Court, the petitioner cannot claim the statutory right of default bail under Section 167(2) of Cr.P.C. merely because some investigation under Section 173(8) of Cr.P.C. may be required,” the court said.

Title: OMA RAM v. STATE OF GNCTD

Citation: 2024 LiveLaw (Del) 158

Click Here To Read Order