Chargesheet
Querist :
Anonymous
(Querist) 06 December 2011
This query is : Resolved
Dear Experts,
Is it mandatory to disclose the name of Enquiry officer & name of witnesses to to declated in chargesheet?
If not where / how these name to be disclosed?
Devajyoti Barman
(Expert) 06 December 2011
Yes it is mandatory to mention the name of the Investigating Officer and the names of witnesses including thei statments u/s 161 crpc.
Nadeem Qureshi
(Expert) 06 December 2011
173. Report of police officer on completion of investigation.
(1) Every investigation under this Chapter shall be completed without unnecessary delay.
(2)
(i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating-
(a) The names of the parties;
(b) The nature of the information;
(c) The names of the persons who appear to be acquainted with the circumstances of the case;
(d) Whether any offence appears to have been committed and, if so, by whom;
(e) Whether the accused has been arrested;
(f) Whether he has been released on his bond and, if so, whether with or without sureties;
(g) Whether he has been forwarded in custody under section 170.
(ii) The officer shall also communicate, in such manner as may be prescribed by the State Government, the action taken by him, to the person, if any whom the information relating to the commission of the offence was first given.
(3) Where a superior officer of police has been appointed under section 158, the report shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation.
(4) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit.
(5) When such report is in respect of a case to which section 170 applies, the police officer shall forward to the Magistrate along with the report-
(a) All documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation;
(b) The statements recorded under section 161 of all the persons whom the prosecution proposes to examine as its witness.
(6) If the police officer is of opinion that any part of any such statement is not relevant to the sub-matter of the proceeding or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate exclude that part from the copies to be granted to the accused and stating his reasons for making such request.
(7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub-section (5).
(8) Notwithstanding in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed and the provisions of' sub-section (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2)
Raj Kumar Makkad
(Expert) 06 December 2011
If the question relates to service matter then there is no need to mention the name of enquiry officer but the name of the witnesses is mandatory to be mentioned but if your query is raised about criminal law then I have nothing to add in the reply submitted earlier.
Guest
(Expert) 07 December 2011
In service matters, competent disciplinary authority authority issues charge sheet first to the charged officer for the purpose of admission or denial of charge or to submit his detailed defence on the charge.
In the major penalty charge sheet case, since any Inquiry Officer is not appointed by that time, the name of any I.O. does not appear in the charge sheet. Inquiry Officer is appointed only if the charged officer denies the charge or does not respond to the charge sheet within the fixed period shown in the Charge Sheet Memo. However, in the charge sheet is meant for major penalty, names of witnesses do appear in the document, as an annexure to the Charge Sheet.
But in minor penalty charge sheet case, names of witnesses do not appear anywhere in the charge sheet. I.O. is also not appointed in that case.
However, name of investigating officer, who made the preliminary investigation in the case before preparation of the charge sheet, does not appear anywhere in any type of charge sheet.
Raj Kumar Makkad
(Expert) 08 December 2011
These details had already been provided barman, however, you had no occasion to 'doubly' attend a single query.
