"Late Filing Of Chargesheets Despite Timely Completion Of Investigation Shakes Confidence Of Citizen In Justice Delivery System": Delhi Court

A Delhi Court came down heavily on the negligent conduct of Investigating Officers (IOs) for non filing of chargesheet in due time even after being duly forwarded by concerned ACPs after completing of investigation. The Court also sought filing status of chargesheets forwarded in the last 3 years i.e. 2018 to 2020 from the concerned IOs.

"It is firmly believed that the same would definitely unearth many hidden ghosts (files) and wake up many souls (IOs) from slumber." The Court remarked at the outset.

Additional Chief Metropolitan Magistrate Arvind Bansal, in an order dated 16.02.2021, opined that such a negligent conduct of IOs "raises some significant legal issues."

Coming on the first issue, the Court observed that the IOs need to understand and know that investigation of all 'summons cases' generally needs to be concluded within 6 months from the date on which accused was arrested, and failure may result in an order by concerned Magistrate stopping further investigation into the offence.

"However, it has been observed that most of the IOs are not aware of this provision and therefore, continue investigation even after the initial period of six months. The cases, inter alia u/s 279/337/338/304A/427/323/341 IPC etc., suffer the most. It is incumbent upon worthy DCP concerned that this provision is reminded to IOs." The Court observed.

Raising another issue concerning the period of limitation for filing chargesheets, the Court while relying on the Supreme Court order in Re: Cognizance for extension of limitation, Suo Motu Writ Petition(Civil) No. 3/2020 dated 23.03.2020, observed:

"IOs even fail to file application for condonation of delay owing to their want of knowledge of these provisions. While a right of hearing accrues in favour of accused because of such negligence of IO (even before cognizance of offence is taken by Court), it also delays dispensation of justice leading to further victimisation of complainant/victim. The concerned worthy DCP and ACP concerned must take it upon themselves to ensure training of IOs on this aspect."

Furthermore, the Court went ahead to observe that such late filing of chargesheet despite timely completion of investigation "shakes the confidence of an ordinary citizen in the justice delivery system."

Commenting further on the negligent conduct of IOs, the Court observed:

"It may further result in accused fleeing away from justice and witness(es) disappearing or loosing interest in the case. It creates an overall disappointing scenario for all the stakeholders. It is felt that a time period for filing forwarded chargesheets be fixed and IOs be asked to strictly comply with the same. Such time should not be more than 30 days from the date of forwarding of chargesheet by ACP concerned."

The Court also directed the ACPs for devising a mechanism under the guidance of a "worthy DCP" of South East district to ensure that that all the chargesheets signed/forwarded by them are duly submitted with Court.

"Meanwhile, the ACsP concerned should prepare a list of chargesheets forwarded in last 03 years (2018-2020) and seeks status of filing from the concerned IOs. It is firmly believed that the same would definitely unearth many hidden ghosts (files) and wake up many souls (IOs) from slumber. " the Court directed.

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