Police withdrawal of incomplete chargesheet

Sir,

Police can file suppllementary chargesheet at the later stage .

Warm Regards

Kapil Chandna Advocate

9899011450

Dear Mr.Kabil,

Thank you for your reply. In fact it is a private complaint filed u/s.200 & the Police was given direction u/s.156(3) by JM Court to register the case, investigate & report. In turn the Police have filed FIR & subsequently filed Final Charge Sheet u/s.173(2) which is incomplete(Evidences not enclosed).

I understand that the Magistrate is not bound to take cognizance on incomplete Charge sheet for trial. When cognizance is not taken, how the trial will proceed further? In that case, how the suppllementary Charge sheet with evidences can be filed by the Police? In this condition, what can be done to complete the trial proceedings?

Whether the Magistrate has already taken cognizance u/s.190 on the complaint filed itself & given direction to the Police u/s.156(3), so that the Trial can proceed further without taking cognizance again?

.Is there any provision for the Magistrate to instruct the Police to file suppllementary Charge Sheet with evidences for the incomplete Charge sheet filed already & if so under what Section?

Kindly clarify the above.

Thanks in advance.

Rgegards,

Deepthisudan.

if you think police has filed incomplete charge sheet you may file petition under section 173(8) Cr P C for further investigaion. 

The power to order police investigation under S. 156(3) is different from the power to direct investigation conferred by Section 202(1). The two operate in distinct spheres at different stages. The first is exercisable at the precognizance stage, the second at the post-cognizance stage when the Magistrate is in seisin of the case. That is to say in the case of a complaint regarding the commission of a cognizable offence, the power under Section 156(3) can be invoked by the Magistrate before he takes cognizance of the offence under S. 190(1)(a). But if he once takes such cognizance and embarks upon the procedure embodied in Chapter XV, he is not competent to switch back to the pre-cognizance stage and avail of Section 156(3). It may be noted further that an order made under sub-section (3) of Section 156, is in the nature of a peremptory reminder or intimation to the police to exercise their plenary powers of investigation under Section 156(1). Such an investigation embraces the entire continuous process which begins with the collection of evidence under Section 156 and ends with a report or chargesheet under section 173. On the other hand, Section 202 comes in at a stage when some evidence has been collected by the Magistrate in proceedings under Chapter XV, but the same is deemed insufficient to take a decision as to the next step in the prescribed procedure. In such a situation, the Magistrate is empowered under section 202 to direct, within the limits circumscribed by that section, an investigation 'for the purpose of deciding whether or not there is sufficient ground for proceeding.' Thus the object of an investigation under section 202 is not to initiate a fresh case on police report but to assist the Magistrate in completing proceedings already instituted upon a complaint before him."

Dear Mr.Raghavan Srinivasan,

My sincer thanks for your elaborate reply.

The subject criminal case is on forgery of Lease agreement for wrongful gain by the accused. The case is in summon stage & next hearing in Sept. 2015.

The Charge sheet  with Final Report  filed the by Police is incomplete as the forged lease agreement, Expert's openion & any other statements u/s.161 have not been filed. From your reply I understand that the Magistrate has not taken cognizance while` issuing direction to police for investigation & report u/s.156(3).

Under this circumstance, kindly clarify the following points.

1.Whether the Magistrate can take cognizance on incomplete charge sheet with Final Report or can order further investigation or can quash the proceedings?.

2.Whether the Poliice of their own can conduct further iinvestigation & file the supplementary charge sheet with requsite Doc.s mentioned above?

3.Whether the Investigation Officer/Police has to get permission from the Magistrate for further investiigation?

4.Whether such Supplementary Charge sheet can be filed by the Police at any time before the next hearing?.

5.If the answer is 'No' to question No:2, is it the only option available to the Complainant to file

a Petition u/s.173(8) for further investigation?.If so when the petition can be filed?

Thanks in advance.

Regards,

Deepthisudan.